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427 W 51 ST OWNERS CORP. v. DHCR

3 N.Y.3d 337 (2004)

819 N.E.2d 1032

786 N.Y.S.2d 416

In the Matter of 427 WEST 51ST STREET OWNERS CORP., Appellant, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

Court of Appeals of the State of New York.

Decided November 18, 2004.

Attorney(s) appearing for the Case

Kucker & Bruh, LLP, New York City (Nativ Winiarsky and Patrick K. Munson of counsel), for appellant.

Caroline M. Sullivan, New York City, and Marcia P. Hirsch for respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, ROSENBLATT, GRAFFEO and R.S. SMITH concur.

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...

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