Second Department affirms DHCR’s use of a prior 2014 rent overcharge order to calculate base date rent in a 2017 rent stabilization complaint, applying deferential Article 78 rational basis review.
The Appellate Division, Second Department affirms annulment of a DHCR Deputy Commissioner determination that improperly declared a rent-stabilized Brooklyn apartment deregulated through high-rent vacancy, and upholds freezing the legal rent at $1,266 due to the owner’s failure to file annual rent registration statements since 2007.
The First Department reversed and granted tenants summary judgment, holding that a vacancy lease signed before but commencing on the HSTPA’s June 14, 2019 effective date is subject to rent stabilization — execution date is irrelevant; the commencement date controls whether the HSTPA’s repeal of luxury deregulation applies.