Legal Opinion

427 West 51st Street Owners Corp. v. Division of Housing & Community Renewal

New York Court of Appeals

Decided November 18, 2004PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Read, J.

On October 2, 1996, 51 tenants of a rent-stabilized building owned by respondent landlord applied to the Division of Housing and Community Renewal (DHCR) for a rent reduction based on a diminution of building services, including loss of 24-hour access to the basement {see 9 NYCRR 2520.6 [r]; 2523.4). On September 8, 1997, DHCR issued an order generally favoring the tenants and granting a rent reduction, but determining that the complained-of cutback in basement access was a de minimis condition not warranting a finding of decreased services (9 NYCRR 2523.4 [e]). On…

2Cases cited3 opinions

  1. Gilman v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 2002
  2. Gaines v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1997
  3. 427 West 51st Street Owners Corp. v. Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by21 opinions

  1. Visiting Nurse Service of New York Home Care v. New York State Department of HealthNew York Court of Appeals · 2005
  2. East Acupuncture, P.C. v. Allstate InsuranceAppellate Division of the Supreme Court of the State of New York · 2009
  3. Natural Resources Defense Council, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2014
  4. East Acupuncture, P.C. v. Allstate InsuranceAppellate Terms of the Supreme Court of New York · 2007
  5. Dunlop Development Corp. v. SpitzerAppellate Division of the Supreme Court of the State of New York · 2006

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