MATTER OF 4947 ASSOCS. v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL


199 A.D.2d 179 (1993)

605 N.Y.S.2d 91

In the Matter of 4947 Associates, Appellant, v. 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.

December 21, 1993


Contrary to the owner's argument, the stipulation settling the nonpayment proceeding in Housing Court, which neither mentioned an agreed upon rental pursuant to the Rent Stabilization Code nor contained an express waiver of the tenant's right to bring a rent overcharge claim before the Division, did not bar the instant proceeding (cf., Matter of 430 Realty Corp. v New York State Div. of Hous. & Community Renewal, 196 A.D.2d 725

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