Hudson Shore Associates Limited Partnership, Haven on the Hudson LLC, Kenneth Levinson, and Hudson Valley Property Owners Association et al. v. State of New York, New York State Division of Housing and Community Renewal, Village of Nyack, New York, and City of Poughkeepsie, New York

Case Type

Other

Housing Type

Rent Stabilized

Court

Appellate Division, Second Department

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

24-1678

Petitioner

HUDSON SHORE ASSOCIATES LIMITED PARTNERSHIP, HAVEN ON THE HUDSON LLC, KENNETH LEVINSON, AND HUDSON VALLEY PROPERTY OWNERS ASSOCIATION

Respondent

STATE OF NEW YORK, NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, VILLAGE OF NYACK, NEW YORK, AND CITY OF POUGHKEEPSIE, NEW YORK

Judge

WALKER, LEVAL, AND BIANCO

Decision/Order Date

2025-06-02

Posture

Appeal from U.S. District Court

Disposition

Case Dismissed/discontinued

Winner

Tenant Substantially Won

Synopsis

Landlords challenged New York's Vacancy Provisions, alleging Fourth Amendment violations for warrantless searches of rent rolls and Fourteenth Amendment due process violations concerning vacancy calculations. The court affirmed dismissal, holding that Article 78 proceedings provide sufficient pre-compliance review for record demands, and the low risk of coercion mitigates Fourth Amendment concerns. Due process was satisfied by opportunities for landlords to contest vacancy calculations through public hearings and subsequent Article 78 review, ensuring constitutional muster.

Recommended Citation

"Hudson Shore Associates Limited Partnership, Haven on the Hudson LLC, Kenneth Levinson, and Hudson Valley Property Owners Association et al. v. State of New York, New York State Division of Housing and Community Renewal, Village of Nyack, New York, and City of Poughkeepsie, New York" (2025). All Decisions. 1837.
https://ir.lawnet.fordham.edu/housing_court_all/1837