A regulation promulgated by the state Division of Housing and Community Renewal (DHCR) to bar landlords from collecting market rent for apartments in buildings whose owners have exited the Mitchell-Lama program for subsidized housing is neither “unreasonable” nor “arbitrary,” a unanimous panel of the Appellate Division, First Department, has ruled.
In 2007, DHCR adopted 9 NYCRR §2522.3, which prohibited owners opting out of Mitchell-Lama from taking advantage of a provision of the Rent Stabilization Law (RSL) that allows charging market rents upon a finding that “unique or peculiar circumstances” exist. Owners who have exited Mitchell-Lama are otherwise restricted to charging the last rent for a unit under the program, RSL §26-512(b)(3).
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