Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rent Stabilization Association of NYC, Inc. v. New York City Rent Guidelines Board

Supreme Court, New York County

March 28, 2017

Rent Stabilization Association of NYC, Inc., BENSON REALTY LLC, DANIELLE REALTY, L.L.C., MILAGROS C. HUERTAS and MARILYN PERCY, Plaintiffs-, Petitioners,
v.
New York City Rent Guidelines Board, Defendant-, Respondent.

          Rosenberg & Estis, P.C. Attorneys for the Petitioners

          Jeffrey Turkel, Esq. Attorney for the Respondent

          Emily Stitelman, Esq. Attorneys for the Respondent Intervenors

          Robert Desir, Esq. Attorneys for the Respondent Intervenors

          Michael Leonard, Esq. Attorneys for the Intervenors 51 West 109th Street

          Matthew F. Longobardi Belkin, Burden, Wenig & Goldman LLP Attorneys for the Community Housing Improvement Program

          Matthew Brett, Esq. Brooklyn Legal Services Corporation Attorneys for Housing Court Answers and Mobilization Against Displacement

          Adam Meyers, Esq. Brooklyn Legal Services Corporation Attorneys for Housing Court Answers and Mobilization Against Displacement Jean Stevens, Esq.

          Debra A. James, J.

         Petitioners bring this article 78 proceeding seeking to annul the 2016 Apartment & Loft Order No.48 promulgated by respondent dated June 27, 2016 ("Order 48"). Respondent cross-moves to dismiss the petition.

         The court has received a number of applications from amici curiae whose intervention it has granted by separate orders and has considered the papers submitted therewith in deciding this application. [1]

         As set forth in the petition, the plaintiff-petitioner Rent Stabilization Association of NYC, Inc., (the "Association") is a trade association representing 25, 000 property owners and/or managing agents who manage approximately 1 million apartments in New York City, many of which are rent-stabilized. The co-petitioners are owners of buildings claimed to be affected by the respondent's order. The respondent New York City Rent Guidelines Board (the "Board") was created by and derives its authority from New York City Administrative Code §26-510 (b), which is part of the Rent Stabilization Law (RSL), originally enacted in 1969 by the New York City Council (Local Law No. 16 [1969] of City of NY, codified as amended at Administrative Code §26-501 et seq.).

         RSL §26-510 (b) provides in relevant part that

The rent guidelines board shall establish annually guidelines for rent adjustments, and in determining whether rents for housing accommodations subject to the emergency tenant protection act of nineteen seventy-four or this law shall be adjusted shall consider, among other things (1) the economic condition of the residential real estate industry in the affected area including such factors as the prevailing and projected (i) real estate taxes and sewer and water rates, (ii) gross operating maintenance costs (including insurance rates, governmental fees, cost of fuel and labor costs), (iii) costs and availability of financing (including effective rates of interest), (iv) over-all supply of housing accommodations and over-all vacancy rates, (2) relevant data from the current and projected cost of living indices for the affected area, (3) such other data as may be made available to it. Not later than July first of each year, the rent guidelines board shall file with the city clerk its findings for the preceding calendar year, and shall accompany such findings with a statement of the maximum rate or rates of rent ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.