MATTER OF 30 SEAMAN AVE. CO. v. HIGGINS


173 A.D.2d 371 (1991)

In the Matter of 30 Seaman Avenue Company, Appellant, v. Richard Higgins, as Commissioner of The New York State Division of Housing and Community Renewal, et al., Respondents

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

May 23, 1991


On appeal, DHCR concedes, and we agree that a final money judgment should not have been entered in favor of the tenant until after DHCR renders a final order on the remand, to which DHCR consented. Otherwise, we find the determination of DHCR that there was a willful overcharge of rent, despite allegations of improvements made to the subject apartment for the period December 1, 1986 through August 31, 1988, supported by the record. The landlord had ample opportunity to demonstrate...

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