Landlord Can't Challenge Placement on HPD Pilot Program List

March 23, 2020

LVT Number: #30697

After Local Law 1 of 2018 required HPD to identify buildings that shared characteristics of "building distress," which indicated a likelihood of suspected harassment of existing lawful occupants within certain Community Districts, HPD set up a Pilot Program List to identify if a building was under distress, using certain criteria to rank a building. Landlord sued HPD, and asked the court to make HPD disclose all responsive documents related to involvement of its building on the list.

After Local Law 1 of 2018 required HPD to identify buildings that shared characteristics of "building distress," which indicated a likelihood of suspected harassment of existing lawful occupants within certain Community Districts, HPD set up a Pilot Program List to identify if a building was under distress, using certain criteria to rank a building. Landlord sued HPD, and asked the court to make HPD disclose all responsive documents related to involvement of its building on the list. Alternatively, landlord asked that, if no documents existed, the court declare it was unlawful for HPD to add its building to the Pilot Program List.

The court ruled against landlord. HPD responded to landlord's Freedom of Information Law (FOIL) request and certified that it had disclosed to landlord all responsive records maintained, after a diligent search. HPD provided the responsive documents, considered relevant factors for placement on the Pilot Program List. So landlord didn't show that HPD acted in an arbitrary or capricious manner.

BSF Inwood Holding LLC v. HPD: Index No. 157569/2019, 2020 NY Slip Op 30473(U) (Sup. Ct. NY; 2/19/20; Rakower, J)

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