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MATTER OF SHUBERT v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL OFFICE OF RENT ADMIN.

162 A.D.2d 261 (1990)

In the Matter of Nancy Shubert, Appellant, v. New York State Division of Housing and Community Renewal, Office of Rent Administration, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 19, 1990

Petitioner's unilateral action in combining apartments, thereby reducing the number of residential units from seven to five subsequent to the base date for rent stabilization purposes, cannot effect an exemption from the pertinent regulations (see, Administrative Code of City of New York § 26-504 [Rent Stabilization Law]; Emergency Tenant Protection Act § 5 [a] [4] [L 1974, ch 576, § 4]; 9 NYCRR 2520.11). Such a result would be inconsistent with the...

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