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MATTER OF HOY v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 159513/19. Appeal No. 15797. Case No. 2021-01280.

204 A.D.3d 568 (2022)

165 N.Y.S.3d 301

2022 NY Slip Op 02758

In the Matter of Justin Hoy et al., Appellants, v. New York State Division of Housing and Community Renewal et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 26, 2022.

Attorney(s) appearing for the Case

Sokolski & Zekaria, P.C., New York (Mark Davies of counsel), for appellants.

Mark F. Palomino, General Counsel, New York (Sandra A. Joseph, of counsel), for New York State Division of Housing and Community Renewal, respondent.

Rosenberg & Estis, P.C., New York (Dejan Kezunovic, of counsel), for 433 West Associates, LLC, respondent.

Concur—Renwick, J.P., Kapnick, Gesmer, Moulton, Shulman, JJ.

DHCR's determination was not affected by an error of law (CPLR 7803[3]). The Housing Stability and Tenant Protection Act of 2019 (HSTPA), Part D, has barred high-income deregulation, except that "any unit that was lawfully deregulated prior to June 14, 2019, shall remain deregulated" (L 2019, ch 39, § 1, part Q, § 10). In this case, the Rent Administrator issued ZER-410206 LD on June 22, 2018. The order stated: "the subject housing accommodation is deregulated effective...

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