Court Victory for Rent Stablized Tenants

Tuesday, June 22, the Appellate Division, First Department, upheld the decision of the NYS Supreme Court in Casado v. Markus.

The Supreme Court invalidated the “alternative minimum rent adjustments” that the NYC Rent Guidelines Board had imposed in 2008 and again in 2009.

In 2009, for example, the rent adjustments were for 3 and 6 percent. But for apartments renting for $1,000 or less and where the tenant had been in occupancy for six years or longer, the alternative minimums were $30 and $60. Thus a tenant paying $500 per month would pay a rent increase of 6 percent for a one-year renewal, instead of 3 percent.

These rent increases were struck down by the Supreme Court and the Appellate Division has now unanimously affirmed the Supreme Court decision.

The decision is attached.

Congratulations to Ellen Davidson of the Legal Aid Society and the other attorneys who worked on this lawsuit.

Michael McKee

Executive Director

Housing Here and Now