IN RE: Dominico DeVITO (1999)

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Housing and Community Renewal dated November 30, 1995, which revoked a determination of the District Rent Administrator dated October 25, 1990, finding that the intervenors' apartment was subject to rent control, the New York State Division of Housing and Community Renewal and the intervenors, Ahmad Abdallah and Rebecca Abdallah, appeal from a judgment of the Supreme Court, Kings County (Dowd, J.), dated January 15, 1998, which granted the petition and annulled the determination of the State Division.

ORDERED that the judgment is reversed, on the law, with one bill of costs, the petition is denied, the determination of the State Division is confirmed, and the proceeding is dismissed.

Pursuant to the Rent Stabilization Code (9 NYCRR 2527.8), the New York State Division of Housing and Community Renewal may, on application of either party, or on its own initiative, modify or revoke an order issued by it which it finds was the result of illegality, irregularity in vital matters, or fraud.   Given that the petitioner was in fact the owner of the subject premises that was found to be subject to rent control by the District Rent Administrator, the New York State Division of Housing and Community Renewal was justified in reopening the proceeding and subsequently ordering the property decontrolled.

MEMORANDUM BY THE COURT.