Legal Opinion

McKenzie v. Mirabal

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 1990PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Carro, J.

In this case of first impression, we must decide whether access to the fair market rent appeal process, which is ordi*196narily available only to the first tenant to occupy an apartment which becomes subject to the Rent Stabilization Law (Administrative Code of City of New York, tit 26, ch 4), may be had by a subsequent tenant. Upon our review of the statutory scheme that is at issue in this case, and its application to the facts herein, we hold that the petitioner, Ann McKenzie, the second tenant, is entitled to file a fair market rent appeal and to have a…

2Cases cited5 opinions

  1. Braschi v. Stahl Associates Co.New York Court of Appeals · 1989
  2. Salvati v. EimickeNew York Court of Appeals · 1988
  3. Minton v. DombAppellate Division of the Supreme Court of the State of New York · 1978
  4. M. J. Raynes, Inc. v. State Division of Housing & Community RenewalNew York Supreme Court · 1987
  5. Parkchester Management Corp. v. New York City Conciliation & Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1981

3Cited by15 opinions

  1. Matter of Park v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2017
  2. Muller v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2000
  3. Parcel 242 Realty v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1995
  4. Verbalis v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2003
  5. Estate of Goldman v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1996

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