Case Type
Facility Dispute
Housing Type
Rent Stabilized
Court
Supreme Court of the State of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
154071/2021
Slip Opinion Number
2022 NY Slip Op 30595(U)
Petitioner
239 ELIZABETH REALTY LLC
Respondent
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL and LIZA JERNOW
Judge
Edwards, Erika
Decision/Order Date
2022-02-24
Posture
Post-judgment Motion by Landlord
Disposition
Case Dismissed/Discontinued
Winner
Tenant Substantially Won
Synopsis
Petitioner landlord brought this Article 78 motion seeking a court order vacating, annulling, reversing and setting aside DHCR's Order and Opinion issued in it's PAR which entitled responded Jernow to exclusive use of a wooden deck in the rear of subject rent stabilized apartment. LL argues DHCR exceeded its authority by issuing a determination instead of an advisory opinion, without basis in law. Court rules it intended to confer jurisdiction of this matter to DHCR (Index No. 100729/2018), and DHCR did not exceed its authority or abuse its discretion.
Recommended Citation
"239 Elizabeth Realty LLC v. New York State Div. of Hous. & Community Renewal" (2022). All Decisions. 59.
https://ir.lawnet.fordham.edu/housing_court_all/59
