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In the Matter of Paul Murphy, Respondent,v.New York State Division of Housing and Community Renewal, Appellant, SouthBridge Towers, Inc., Respondent.

Brief

29 Cited authorities

  1. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 370 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).

  2. Grimm v. State

    2010 N.Y. Slip Op. 7379 (N.Y. 2010)   Cited 243 times
    Vacating DHCR's denial of overcharge petition and remanding to consider fraud allegations and the reliability of the base date rent where the landlord had significantly increased the rent, offered leases without a rent stabilization rider, required tenants to make improvements at their own expense or pay increased rent, and failed to register the apartment for several years until after service of the complaint

  3. Braschi v. Stahl Assocs. Co.

    74 N.Y.2d 201 (N.Y. 1989)   Cited 221 times
    Holding that, for purposes of rent regulation, gay couple was a "family"

  4. Schorr v. New York

    2008 N.Y. Slip Op. 2083 (N.Y. 2008)   Cited 97 times
    Holding that a city housing agency was not estopped from evicting a tenant who did not meet eligibility requirements by its purported acquiescence in his occupancy for several years

  5. Matter of Dworman v. New York State D.H.C.R

    94 N.Y.2d 359 (N.Y. 1999)   Cited 95 times
    Holding that despite the statutory requirement that a tenant respond to a luxury deregulation income request within 60 days, failure to timely comply does not automatically result in vacancy decontrol if tenant has good cause for responding late

  6. Kuppersmith v. Dowling

    93 N.Y.2d 90 (N.Y. 1999)   Cited 61 times
    Finding regulation prohibiting physicians from recommending the number of hours of home care not arbitrary and capricious; declining to create judicial presumption in favor of treating physician's estimate regarding number of hours of home care services required

  7. Pietropolo v. N.Y. City

    39 A.D.3d 406 (N.Y. App. Div. 2007)   Cited 34 times
    In Pietropolo v. New York City Dept. of Housing Preservation and Development (39 AD3d 406 [1d Dept 2007]), the Court affirmed HPD's denial of succession rights where there was evidence that petitioner's sister, the tenant of record, vacated the subject apartment prior to the date alleged by petitioner, her brother.

  8. Eastside Exhibition Corp. v. 210 East 86th St. Corp.

    2012 N.Y. Slip Op. 1321 (N.Y. 2012)   Cited 27 times

    2012-02-21 EASTSIDE EXHIBITION CORP., Appellant, v. 210 EAST 86TH STREET CORP., Respondent. Marcus Rosenberg & Diamond LLP, New York City (David Rosenberg of counsel), for appellant. Kaufman Friedman Plotnicki & Grun, LLP, New York City (Howard Grun of counsel), for respondent. CIPARICK Marcus Rosenberg & Diamond LLP, New York City (David Rosenberg of counsel), for appellant. Kaufman Friedman Plotnicki & Grun, LLP, New York City (Howard Grun of counsel), for respondent. OPINION OF THE COURT CIPARICK

  9. Festa v. Leshen

    145 A.D.2d 49 (N.Y. App. Div. 1989)   Cited 59 times

    January 17, 1989 Appeal from the Civil Court of the City of New York, New York County, Paul L. Klein, J. Jeffrey R. Metz of counsel (Finkelstein, Borah, Schwartz, Altschuler Goldstein, P.C., attorneys), for respondents. Hal Brodie of counsel (Hartman, Ule, Rose Ratner, attorneys), for Joel Leshen, appellant. Harvey M. Berman of counsel (Lawrence S. Kahn with him on the brief; Robert Abrams, Attorney-General, attorney), for intervenor-appellant. SULLIVAN, J. At issue on this appeal from an award of

  10. Callwood v. Cabrera

    49 A.D.3d 394 (N.Y. App. Div. 2008)   Cited 28 times

    No. 3117. March 18, 2008. Order, Supreme Court, Bronx County (Mary Ann Brigantti-Hughes, J.), entered November 27, 2006, which denied petitioner's motion to vacate a prior order denying his CPLR article 78 petition seeking to compel respondent Division of Housing and Community Renewal to grant his application for succession rights to his mother's Mitchell-Lama apartment, and lifted all stays in connection with the eviction proceeding instituted against petitioner in Civil Court, unanimously affirmed

  11. Section 2523.5 - Notice for renewal of lease and renewal procedure

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2523.5   Cited 125 times
    Providing that the landlord must notify the tenant named in the expiring lease "not more than 150 days and not less than 90 days prior to the end of the tenant's lease term . . . and offer to renew the lease . . ."

  12. Section 1727-8.2 - Vacating of apartment by tenant

    N.Y. Comp. Codes R. & Regs. tit. 9 § 1727-8.2   Cited 46 times

    (a) Unless otherwise prohibited by occupancy restrictions based upon income limitations pursuant to Federal or State law, regulations or other requirements of governmental agencies, if a tenant or cooperator has permanently vacated their dwelling unit, any family member, as defined in section 1700.2(a)(7) of this Title, who meets all of the following requirements shall be entitled to be named as a tenant on the lease and/or as a stockholder on the stock certificate of such unit. Such family members

  13. Section 1727-8.3 - Special succession provisions in the event of the death of a tenant/cooperator

    N.Y. Comp. Codes R. & Regs. tit. 9 § 1727-8.3   Cited 29 times

    (a) Where a tenant/cooperator has died, the lease and the shares of stock for such decedent's apartment shall be surrendered by the decedent's estate or survivors for redemption. The housing company upon written request received from any member of such tenant's or cooperator's family who has resided with the tenant or cooperator in the dwelling unit as a primary residence and pursuant to the provisions of this section and the Private Housing Finance Law, shall sell or transfer the shares and the

  14. Section 1727-3.6 - Tenancy general

    N.Y. Comp. Codes R. & Regs. tit. 9 § 1727-3.6   Cited 9 times

    (a) Rules of tenancy should be established by the housing company to provide reasonable control over tenant or cooperator actions which might infringe on rights of other tenants or cooperators to peaceful possession of their apartments or tend to impair residential character of housing development. (b) No such rule may become effective until it has been approved by the division. All such rules shall be submitted to the division for review and approval. If the division does not approve or reject such

  15. Section 1727-2.6 - Tenant's refusal to cooperate in income determination

    N.Y. Comp. Codes R. & Regs. tit. 9 § 1727-2.6   Cited 6 times

    (a) The failure, neglect or refusal of a tenant or cooperator to furnish information concerning their income or that of any household member, or to cooperate in the verifying of such reported income, will be assumed to indicate excess income. In such cases, rent will be raised to the maximum in the surcharge schedule. However, upon submission of an affidavit of income and/or of proper documentation, surcharges, if any, will be assessed on basis of verified income, with the effective date of any rent

  16. Section 1727-2.5 - Income reexamination procedure-annual and interim changes

    N.Y. Comp. Codes R. & Regs. tit. 9 § 1727-2.5   Cited 2 times

    (a) Annual income reexamination procedure. (1) Following the end of each calendar year, the division will issue a memorandum which explains the annual tenant income reexamination procedure set forth in this Chapter, the affidavit forms to be used, and the deadlines involved. Follow-up by the housing company should be made of any income affidavits not returned on time. (2) The income affidavit should be carefully reviewed. If the affidavit reflects a change in household composition from the prior

  17. Section 1727-2.4 - Reporting of income and family composition

    N.Y. Comp. Codes R. & Regs. tit. 9 § 1727-2.4   Cited 2 times

    It is the responsibility of applicants, tenants, or cooperators to report to the housing company their aggregate annual family income and family composition. (a) Reporting by applicant. Applicants must report to the housing company their aggregate annual family income and family composition at the time of application for an apartment, and if an apartment is not available at the time of application, he or she must also report aggregate annual income and family composition at the time of apartment

  18. Section 5.3 - Executive Order No. 3: Continuation and Review of Prior Executive Orders. [DAGGER]

    N.Y. Comp. Codes R. & Regs. tit. 9 § 5.3

    WHEREAS, it is necessary to have an orderly transition and administration of State government; NOW, THEREFORE, I, George E. Pataki, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby designate the Counsel to the Governor, in conjunction with the Secretary to the Governor, the Director of the Division of the Budget and the Director of State Operations, to review and evaluate all Executive Orders and amendments