IN RE: Application of SERENCHA REALTY CORP. (1999)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of SERENCHA REALTY CORP., Petitioner-Appellant, For a Judgment, etc., v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent.

Decided: April 15, 1999

NARDELLI, J.P., TOM, LERNER and MAZZARELLI, JJ.

Edward M. Teitlebaum, for Petitioner-Appellant. Martin B. Schneider, for Respondent-Respondent.

Order, Supreme Court, New York County (David Saxe, J.), entered January 13, 1998, which denied petitioner landlord's application to annul respondent DHCR's determination of a rent overcharge, unanimously affirmed, without costs.

Where, as here, the tenant's overcharge complaint was filed prior to April 1, 1984, section 33 of the Rent Regulation Reform Act of 1997 (L.1997, ch. 116), amending Rent Stabilization Law (Administrative Code of City of N.Y.) § 26-516(a), is inapplicable, and respondent's review of the rental history is not limited to the four-year period preceding the tenant's filing of the overcharge complaint (Matter of Greenberg Real Estate v. DHCR, 258 A.D.2d 313, 685 N.Y.S.2d 188). We have considered petitioner's other arguments, including that the apartment first became rent stabilized after the period for which it was unable to provide a rental history, and that the omitted portion of the rental history is de minimis, and find them to be without merit.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network