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300 Wadsworth LLC v. NYS Div. of Hous. & Cmty. Renewal

Landlord Has No Vested Interest in DHCR's Rental Increase Formula

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 33, 34, 35, 36, 37, 43, 45, 47, 53, 54, 55, 56 were read on this motion to/for INJUNCTION/RESTRAINING ORDER. The following e-filed documents, listed by NYSCEF document number (Motion 002) 38, 39, 40, 41, 42, 44, 46, 48, 50, 51, 52, 57 were read on this motion to/for DISMISSAL. DECISION ORDER ON MOTION In this residential real estate action, plaintiff 300 Wadsworth, LLC (landlord) seeks declaratory and injunctive relief against the defendant New York State Division of Housing and Community Renewal (DHCR), and its Commissioner, Ruthanne Visnauskas (Commissioner Visnauskas; together, respondents), by order to show cause (motion sequence number 001), and the DHCR moves separately to dismiss landlord’s complaint (motion sequence number 002). FACTS Landlord is the owner of a residential apartment building located at 300-314 Wadsworth Avenue, a/k/a 651-663 West 188th Street, in the County, City and State of New York (the building). See verified complaint, 7. The DHCR is the administrative agency which oversees rent stabilized housing accommodations located within New York City. Id.,

2-3. Landlord avers that it took title to the building in 2014, and that it hired a construction contractor to perform renovation work in apartment 1M on May 1, 2019. See verified complaint,

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