Missionary Sisters of the Sacred Heart v. New York State Division of Housing & Community Renewal

283 A.D.2d 284, 724 N.Y.S.2d 742, 2001 N.Y. App. Div. LEXIS 5374
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 22, 2001
StatusPublished
Cited by30 cases

This text of 283 A.D.2d 284 (Missionary Sisters of the Sacred Heart v. New York State Division of Housing & Community Renewal) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Missionary Sisters of the Sacred Heart v. New York State Division of Housing & Community Renewal, 283 A.D.2d 284, 724 N.Y.S.2d 742, 2001 N.Y. App. Div. LEXIS 5374 (N.Y. Ct. App. 2001).

Opinions

—Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered April 10, 2000, which dismissed this CPLR article 78 proceeding to annul the determination of respondent New York State Division of Housing and Community Renewal (DHCR), dated July 1, 1998, denying petitioner owner’s application for an order directing that the rent in a renewal lease be based upon the legal regulated rent rather than the preferential rent actually paid by the tenant, reversed, on the law, without costs, the petition granted and the matter remanded to the DHCR for further proceedings in accordance herewith. Appeal from order, same court and Justice, entered on or about April 10, 2000, which directed entry of the aforesaid judgment, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

Petitioner Missionary Sisters of the Sacred Heart, 111. (Missionary Sisters or landlord) is the owner of the residential building designated as 222 East 19th Street, New York, New York. Respondent Alessandro Croseri (tenant) is the rent-stabilized tenant of Apartment 12D.

On April 28, 1994, the Missionary Sisters and Croseri entered into a lease for a two-year term which commenced on May 1, 1994. The lease provided that the monthly rent for the apartment was $1,448.14, but that Croseri was to pay a preferential rent of $1,379.77. The parties also executed a “Prefieren[285]*285tial Rent Rider” which provided, in pertinent part: “the parties TO THIS LEASE AGREE AND ACKNOWLEDGE THAT THE TENANT WILL BE CHARGED, DURING THE TERM OF MAY 1, 1994 THRU APRIL 31, 1996 [sic] a preferential rent of $1,379.77 per month * * * it is ACKNOWLEDGED THAT THIS PREFERENCE IS GRANTED TO THE TENANT Alessandro Croseri because of the present economically depressed market.” (Emphasis added.)

On or about March 25, 1996, the Missionary Sisters and Croseri entered into a renewal lease for a term of one year commencing on May 1, 1996. The renewal noted that the legal rent was now $1,477.10, but that a preferential rate of $1,408.37 would be charged. In addition, the parties again executed a “Preferential Rent Rider” which, for the purposes of this appeal, was identical to the first rider.

Prior to the expiration of the first renewal lease, the Missionary Sisters tendered a second renewal lease at the legal regulated rent without the rent concession. Croseri refused to execute the renewal without the concession and, as a result, the Missionary Sisters commenced an administrative proceeding before the DHCR to determine whether Croseri could be charged the legal regulated rent. The DHCR records indicate that Croseri also filed a complaint with the agency requesting a determination as to what constituted the appropriate rent.

By order dated September 26, 1997, the DHCR Rent Administrator denied the Missionary Sisters’ application on the ground that “renewal leases are based on preferential rent until the tenant moves out.” The Missionary Sisters thereafter filed a petition for administrative review, which was denied by decision and order dated July 1, 1998. In his decision, the Deputy Commissioner initially cited section 2521.2 (b)

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283 A.D.2d 284, 724 N.Y.S.2d 742, 2001 N.Y. App. Div. LEXIS 5374, Counsel Stack Legal Research, https://law.counselstack.com/opinion/missionary-sisters-of-the-sacred-heart-v-new-york-state-division-of-nyappdiv-2001.