Matter of 60 E. 12th St. Tenants' Assn. v New York State Div. of Hous. & Community Renewal

Matter of 60 E. 12th St. Tenants' Assn. v New York State Div. of Hous. & Community Renewal 2016 NY Slip Op 06011 Decided on September 15, 2016 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 15, 2016
No. 215 SSM 14

[*1]In the Matter of the 60 East 12th Street Tenants' Association, et al., Appellants,

v

New York State Division of Housing and Community Renewal, et al., Respondents. (And Another Proceeding.)

Submitted by Seth A. Miller, for appellants.

Submitted by Jack Kuttner, for respondent New York State Division of Housing and Community Renewal.

Submitted by Jeffrey Turkel, for respondent 12 Broadway Realty LLC.

The Urban Justice Center, amicus curiae.

On review of submissions pursuant to section 500.11 of the Rules (22 NYCRR 500.11), order affirmed, with costs, and certified question answered in the affirmative. The Appellate Division did not err in permitting respondent New York State Division of Housing and Community Renewal to address on remand the application of respondent 12 Broadway Realty, LLC for a claimed major capital improvement rent increase based on resurfacing work consistent with the Appellate Division decision. Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Decided September 15, 2016