Scott Mollen, Partner at Herrick, Feinstein LLP

Landlord-Tenant—Landlord Sought Declaratory and Injunctive Relief Against NYS Division of Housing and Community Renewal Claiming That Its Policies and Procedures Involving Post-Housing Stability and Tenant Protection Act of 2019 "Individual Apartment Improvement" Rent Increases Are Improper—Motion To Dismiss Granted—Landlord Lacked "Vested Interest"—Matter Not "Ripe"—Landlord's Constitutional Argument Rejected—Inability To Establish "Certainty and Effect of Alleged Harm"

A plaintiff landlord sought declaratory and injunctive relief against the NYS Div. of Housing and Community Renewal (DHCR). DHCR moved to dismiss the complaint.

The landlord owned a New York City residential apartment building. The landlord had acquired the building in 2014. It hired a contractor to perform renovation work in apartment "1M" on May 1, 2019. On that same day, it applied to the NYC Dept. of Buildings (DOB) for a permit to perform renovation work.

The landlord produced a copy of a DOB work permit issued on May 15, 2019, which authorized "general construction-interior renovation" work. The landlord claimed that its contractor commenced work on May 29, 2019 and performed such work until at least June 2019. The landlord described the renovations as "individual apartment improvement" (IAI) work.