72A Realty Associates v. State of New York Division of Housing & Community Renewal
Opinion of the Court
Order, Supreme Court, New York County (Diane Lebedeff, J.), entered on or about February 4, 2002, which denied petitioner landlord’s application to annul respondent Division of Housing and Community Renewal’s (DHCR) retroactive, temporary reduction of rent increases for major capital improvements (MCI) that DHCR had granted petitioner more than five years earlier, so as to take into account petitioner’s receipt of a J-51 real estate tax abatement for the same items that petitioner received the MCI increase, and directed petitioner to refund the excess rent collected, unanimously affirmed, without costs.
The challenged orders temporarily reducing the two MCI increases previously awarded petitioner for the rent-controlled and rent-stabilized apartments in its building, retroactive to the effective date of the increase more than five years earlier in the case of the controlled apartments and to the effective date of the J-51 tax abatement more than nine years earlier in the case of the stabilized apartments, do not implicate the legislative concerns underlying the four-year statute of limitations in
Case-law data current through December 31, 2025. Source: CourtListener bulk data.