Lite View, LLC v. New York State Division of Housing & Community Renewal

I must respectfully dissent because, in my opinion, the determination of DHCR’s Deputy Commissioner was made “without regard to the facts.” More importantly, the finding that the “alteration” of the subject apartment is inconsistent with the rent laws ignores well-established precedent. Rather than considering the impact on the tenant of reconfiguration, or “alteration to the shape and character” of an apartment, precedent requires the application of an “adequate substitute” test, which, in my opinion, is satisfied here. The majority’s holding to the contrary is based primarily on the…