The Legal Aid Society filed this Article 78 petition on behalf of tenants who were displaced from their homes due to a fire. While the tenants were displaced, their landlords submitted plans to the Department of Buildings to alter their apartments in hopes of discouraging them from returning—a common tactic used against rent-stabilized tenants. These changes violate the Rent Stabilization Code, which requires landlords to obtain pre-approval from the Division of Homes and Community Renewal before decreasing or modifying services. Yet, the Department of Buildings rubber-stamped the landlords’ construction plans, without verifying that the State had approved the new layouts as required.

In July 2023, our claims against the City were dismissed, but one of the landlord defendants was stayed from reconfiguring units without permission from DHCR.