In a decision issued on March 24, 2011, the New York State Court of Appeals, by a 5-2 margin, ruled that the New York City Rent Guidelines Board (RGB) is authorized to impose discrete, minimum rent increases on certain low-rent rent stabilized apartments that have been continuously occupied for many years. The decision, Casado v. Markus,1 reversed an earlier ruling by the Appellate Division, First Department. (The authors’ firm, Rosenberg & Estis, represented amicus curiae Rent Stabilization Association of NYC Inc. and Community Housing Improvement Program Inc. in Casado).
Background
Section 26-510(b) of the Rent Stabilization Law authorizes RGB to annually establish “guidelines for rent adjustments” for hundreds of thousands of rent stabilized apartments throughout New York City. To that end, each year RGB issues RGB orders, which generally set forth increases for one- and two-year renewal leases.
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