Legal Opinion
Terrace Court, LLC v. Division of Housing & Community Renewal
New York Court of Appeals
Decided February 14, 2012No. 2PublishedCited by 40 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Gbaffeo, J.
In this appeal we consider whether the Division of Housing & Community Renewal (DHCR) is authorized to grant a major capital improvement rent increase while at the same time permanently exempting particular apartments from the obligation to pay additional rent when circumstances warrant. We hold that DHCR has been granted such authority and, on this record, it was not arbitrary or capricious for DHCR to permanently exempt five apartments.
Petitioner Terrace Court, LLC is the owner of a residential apartment building located at 202 Riverside Drive in Manhattan.…
2Cases cited7 opinions
- In re Charles A. Field Delivery Service, Inc.New York Court of Appeals · 1985
- Peckham v. CalogeroNew York Court of Appeals · 2009
- John P. v. WhalenNew York Court of Appeals · 1981
- Lantry v. StateNew York Court of Appeals · 2005
- Ig Second Generation v. DhcrNew York Court of Appeals · 2008
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Matter of Youngewirth v. Town of Ramapo Town Bd.Appellate Division of the Supreme Court of the State of New York · 2017
- Lyell Mt. Read Business Center LLC v. Empire Zone Designation BoardAppellate Division of the Supreme Court of the State of New York · 2015
- Rugova v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2015
- Cruz v. BanksCourt of Appeals for the Second Circuit · 2025
- Matter of Shapiro v. Planning Bd. of the Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2017
35 more not listed; retrieve them via the Exa API.