Burrows v. 75-25 153rd St., LLC, 2025 NY Slip Op 03861 (2025)

Citation: Burrows v. 75-25 153rd St., LLC, 2025 NY Slip Op 03861 (2025)
Parent Document: Burrows v. 75-25 153rd St., LLC, 2025 NY Slip Op 03861 (2025)
Jurisdiction: New York (state)
Effective Date: 2025-06-26
Original Source: https://www.courtlistener.com/opinion/10624627/burrows-v-75-25-153rd-st-llc/ ↗

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With respect to the declaratory relief sought, the complaint adequately alleged that plaintiffs' legal regulated rents were improperly calculated, and that plaintiffs were not offered rent-stabilized leases in the form required by DHCR, raising a justiciable controversy such that declaratory relief is available (CPLR 3001). Defendant's contention that the two claims for declaratory relief are duplicative is unavailing. Although there is some overlap between them, they sought slightly different declarations, as the third claim seeks additional declarations that any purported deregulation of an apartment is invalid, and that any lease offered by defendant is invalid unless it is offered on lease forms and terms prescribed by DHCR. Therefore, both claims may proceed.

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