| Matter of Clermont York Assoc., LLC v New York State Div. of Hous. & Community Renewal |
| 2024 NY Slip Op 06382 [43 NY3d 997] |
| December 19, 2024 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, June 25, 2025 |
| In the Matter of Clermont York Associates, LLC, Appellant, v New York State Division of Housing and Community Renewal, Respondent. |
Appeal, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered October 13, 2022. The Appellate Division affirmed an order of the Supreme Court, New York County (Arthur F. Engoron, J.; op 2021 NY Slip Op 34240[U]), entered in a proceeding pursuant to CPLR article 78, which had (1) denied the petition seeking to (a) annul respondent's "Explanatory Addenda" issued to clarify the terms of a previously issued rent-deregulation order; (b) annul respondent's order denying the petition for administrative review challenging the addenda; and (c) reinstate the deregulation order; and (2) dismissed the proceeding.
Matter of Clermont York Assoc., LLC v New York State Div. of Hous. & Community Renewal, 209 AD3d 484, affirmed.
Landlord and Tenant
- Rent Regulation
- Housing Stability and Tenant Protection Act's Repeal of Luxury Deregulation
- Apartments with Deregulation Orders Prior to Enactment and Leases Not Expiring
Until after Effective Date of Repeal
The Appellate Division order affirming the Supreme Court order that had dismissed a CPLR article 78 proceeding seeking to annul respondent's "Explanatory Addenda" to clarify the terms of a previously issued rent-deregulation order, annul respondent's order denying the petition for administrative review challenging the addenda, and reinstate the deregulation order, was affirmed (see Matter of 160 E. 84th St. Assoc. LLC v New York State Div. of Hous. & Community Renewal, 43 NY3d 275 [2024]).
Horing Welikson Rosen & Digrugilliers PC, Williston Park (Jillian N. Bittner of counsel), for appellant.
Letitia James, Attorney General, New York City (Matthew W. Grieco, Barbara D. Underwood and Ester Murdukhayeva of counsel), for respondent.
Belkin Burden Goldman, LLP, New York City (Magda L. Cruz and Jeffrey L. Goldman of counsel), for New York Apartment Association, Inc., amicus curiae.
Order affirmed, with costs (see Matter of 160 E. 84th St. Assoc. LLC v New York State Div. of Hous. & Community Renewal, 43 NY3d 275 [2024] [decided today]). The claim in this proceeding of undue delay is unpreserved.
Concur: Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan.