Appeals Court Won't Delay Partial Revocation of RGBOs 40 and 41 Pending Appeal

Rent-stabilized tenants sued New York City Rent Guidelines Board to revoke parts of Rent Guidelines Board Orders (RGBOs) 40 and 41, which set minimum dollar increases for tenants paying less than $1,000 per month and resulted in a higher percentage rent increase for them. The court ruled for tenants, finding that the RGBOs unfairly penalized long-term rent-stabilized tenants who paid lower rents by effectively doubling the percentage rent increase chargeable under RGBOs 40 and 41, and that the RGB had overstepped its authority under the Rent Stabilization Law. The RGB filed a notice of appeal, which automatically delayed the partial revocation of RGBOs 40 and 41. Tenants asked the court to vacate any delay of the lower court order pending appeal. The appeals court ruled for tenants. The court order revoking the minimum dollar increases remains in effect pending appeal.