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MATTER OF WEINREB MGMT. v. STATE DIV. OF HOUS. & CMTY. RENEWAL, OFFICE OF RENT ADMIN.

231 A.D.2d 473 (1996)

647 N.Y.S.2d 219

In the Matter of Weinreb Management, Appellant, v. State Division of Housing and Community Renewal, Office of Rent Administration, Respondent, and Harriet Field, Intervenor-Respondent

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

September 26, 1996

The DC-2 Notice served on the alleged first rent stabilized tenant was altered by the landlord in crucial respects. This provided the agency with a rational basis for concluding that "the landlord fail[ed] to send the proper notice to the first tenant", such that the right to make a fair market rent appeal continued to pass from tenant to tenant, since no tenant was ever "duly notified" (Matter of McKenzie v Mirabal,

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