Supreme Court of the State of New York
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
Slip Opinion Number
2021 NY Slip Op 31988(U)
MONMAR PLAZA, L.P.
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, AND BEYERL Y LAWRENCE-SMITH
In this substantial rehab case the owner files Article 78 challenging DHCRs determination that the premises are subject to rent regulation. The DHCR previously (under former owner) determined there was no substantial rehab done and noted no certificate of occupancy had been filed. Here looks like landlord filed new certificate of occupancy and unilaterally determined it was now substantially rehabbed. DHCR disagreed and Supreme Court upholds determination.
"Matter of Monmar Plaza, L.P. v. New York State Div. of Hous. & Community Renewal" (2021). All Decisions. 285.