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MATTER OF S.E. & K. CORP. v. STATE OF NEW YORK DIV. OF HOUS. & CMTY. RENEWAL

239 A.D.2d 123 (1997)

657 N.Y.S.2d 601

In the Matter of S.E. & K. Corporation, Appellant, v. State of New York Division of Housing and Community Renewal, Respondent

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

May 1, 1997

Petitioner failed to show by a preponderance of the evidence that the overcharge was not willful (Rent Stabilization Code [9 NYCRR] § 2526.1 [a] [1]). Petitioner's excuse that its inexperience as a landlord caused it to be misled by the advice of the prior owner that a fair market rent could be charged for the apartment once the tenant who was then in occupancy moved out raised an issue of credibility for respondent, which...

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