Appellate Division, Second Department · September 16, 2026 · 2026 NY Slip Op 05308
Matter of Hillside Place, LLC v Housing & Community Renewal of the State of N.Y.
Read the official decision: 2026 NY Slip Op 05308
Holding The Appellate Division held that a prior order granting leave to amend pleadings to include rent increase claims was not law of the case because it did not resolve the merits. Consequently, the DHCR’s determination to remove the $45 per month rent increase was upheld as having a rational basis and not being arbitrary or capricious.
The court’s words
The doctrine of law of the case only applies 'to legal determinations that were necessarily resolved on the merits in [a] prior decision, and to the same questions presented in the same case'
2026 NY Slip Op 05308, at the official text
The DHCR's determination that the $45 per month increase should be removed from the rent calculation has a rational basis in the record and was not arbitrary and capricious
2026 NY Slip Op 05308, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 16, 2026 |
| Citation | 2026 NY Slip Op 05308 |
| Area of law | Landlord and Tenant and Housing |
| Week | Week ending September 19, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05308 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 536 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Hillside Place, LLC v Housing & Community Renewal of the State of N.Y., 2026 NY Slip Op 05308 (Appellate Division, Second Department, September 16, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05308/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works