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

220 A.D.2d 204 (1995)

631 N.Y.S.2d 845

In the Matter of Stanley Marder et al., Appellants, 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.

October 3, 1995

Although tenants' claim herein, that the owner had fraudulently registered the premises as a hotel and that therefore "the presence of unique or peculiar circumstances" (Administrative Code of City of NY § 26-513 [a]) warranted respondent agency's discretionary adjustment of their initial legal regulated rent, is not precisely the same as the claims for rent rollbacks and building reclassification rejected in Matter of Berkeley Kay Corp. v New York City Conciliation...

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