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300 WADSWORTH LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

Index No. 158207/20. Appeal No. 16633. Case No. 2022-00316.

210 A.D.3d 454 (2022)

178 N.Y.S.3d 487

2022 NY Slip Op 06311

300 Wadsworth LLC, Appellant, v. New York State Division of Housing and Community Renewal et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 10, 2022.

Attorney(s) appearing for the Case

Horing Welikson Rosen & Digrugilliers P.C., Williston Park ( Richard T. Walsh of counsel), for appellant.

Letitia James , Attorney General, New York ( Matthew W. Grieco of counsel), for respondents.

Concur—Renwick, J.P., Oing, Singh, Kennedy, Mendez, JJ.

Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about January 14, 2022, which denied plaintiff landlord's application for a declaratory judgment holding that certain Housing Stability and Tenant Protection Act of 2019 (HSTPA) amendments to the Rent Stabilization Law and Code are not to be applied retroactively, and that retroactive application would amount to an unconstitutional deprivation of preexisting rental-increase rights, denied its application...

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