Classic Realty LLC v. New York State Division of Housing & Community Renewal

OPINION OF THE COURT

Tom, J.P.

This case brings up for review the question whether a landlord under the factual circumstances of this case, having made an initial successful application for luxury decontrol, is entitled to a further inquiry when a tenant thereafter amends a previously submitted tax return which is then administratively certified to qualify the tenant to remain rent stabilized.

Petitioner owns the cooperative shares allocated to the proprietary lease for apartment 9B located at 1000 Park Avenue in Manhattan. Nonparty Judith Lacher is the tenant of record for apartment 9B and her…