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MATTER OF 101 EAST 16th STREET REALTY LLC v. NEW YORK STATE DIVISION OF HOUSING & COMMUNITY RENEWAL

Index No. 150504/23, Appeal No. 2075, Case No. 2023-03267.

2024 NY Slip Op 02003

IN THE MATTER OF 101 EAST 16th STREET REALTY LLC ET AL., Petitioners-Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Appellant.

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

Decided April 16, 2024.

Attorney(s) appearing for the Case

Letitia James , Attorney General, New York ( Kwame N. Akosah of counsel), for appellant.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York ( Robert D. Goldstein and Paul N. Gruber of counsel), for respondents.

Before: Kern, J.P., Singh, Scarpulla, Mendez, Higgitt, JJ.

Judgment (denominated an order), Supreme Court, New York County (Arthur F. Engoron, J.), entered June 13, 2023, granting the petition to annul orders from respondent New York State Division of Housing and Community Renewal (DHCR), dated November 15, 2022, December 2, 2022, and December 6, 2022, which affirmed the Rent Administrator's orders partially denying petitioners' applications for rent increases based upon the installation of major capital improvements (MCI), unanimously...

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