Article 78 Appeals

Article 78 of the Civil Practice Law and Rules can provide relief to landlords that would like to challenge the decision of a zoning board. In the landlord/tenant context, the goal is generally to oppose a decision made by the New York State Division of Housing and Community Renewal (DHCR) that has adversely affected the interest of the landlord. These proceedings are brought in the Supreme Court and will ultimately result in a determination by as to whether or not the zoning decision was rationally based or arbitrary and capricious.