Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hillside Place, LLC v. Shahid, 75 Misc. 3d 35 (2022)

Citation
Hillside Place, LLC v. Shahid, 75 Misc. 3d 35 (2022)
Parent Document
Hillside Place, LLC v. Shahid, 75 Misc. 3d 35 (2022)
Jurisdiction
New York (state)
Effective Date
2022-04-29

Full Text

876 chars
The Second Department's decision in Matter of 1437 Carroll, LLC v New York State Div. of Hous. & Community Renewal (150 AD3d 1224 [2017]) does not warrant a contrary result. There, [*3]the Court affirmed the denial of a CPLR article 78 petition which challenged a New York State Division of Housing and Community Renewal (DHCR) determination of a rent overcharge. DHCR found that landlord had waived its right to seek Casado increases, where landlord never charged the increased amounts in the lease renewal and "had waited 'over nine months after the Court of Appeals decision [in Casado] . . . to inform Tenants of its desire to take advantage of the . . . increases' " (89-21 153, LLC v Cruz, 70 Misc 3d 22, 24 [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2020], quoting Matter of 1437 Carroll, LLC, Sup Ct, Kings County, Sept. 29, 2015, Bunyan, J., index No. 14331/2014).