Scott Mollen, Partner at Herrick, Feinstein LLP Realty Law Digest
Scott Mollen discusses "300 Wadsworth LLC v. NYSDHCR, and "Allied Constr. Corp. v. Parsons Transp. Group of New York."
March 22, 2022 at 02:15 PM
12 minute read
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.
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