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MATTER OF TWO LINCOLN SQUARE ASSOCS. v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

191 A.D.2d 281 (1993)

594 N.Y.S.2d 755

In the Matter of Two Lincoln Square Associates, Appellant-Respondent, v. New York State Division of Housing and Community Renewal, Respondent, and Hilde R. Monkmeyer, Intervenor-Respondent-Appellant In the Matter of Hilde R. Monkmeyer, Appellant-Respondent, v. New York State Division of Housing and Community Renewal, Respondent, and Two Lincoln Square Associates, Intervenor-Respondent-Appellant

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

March 16, 1993

The IAS Court properly upheld the Deputy Commissioner's finding that a portion of the Landlord's rent overcharge was willful and therefore subject to treble damages where the record reveals that DHCR had a rational basis for concluding that the Landlord had not sustained its burden of establishing that these overcharges were not willful (Matter of 985 Fifth Ave. v State Div. of Hous. & Community Renewal, 171 A.D.2d 572, 575,...

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