Supreme Court of the State of New York
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
Slip Opinion Number
2022 NY Slip Op 30595(U)
239 ELIZABETH REALTY LLC
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL and LIZA JERNOW
Post-judgment Motion by Landlord
Tenant Substantially Won
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.
"239 Elizabeth Realty LLC v. New York State Div. of Hous. & Community Renewal" (2022). All Decisions. 59.