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

239 A.D.2d 305 (1997)

658 N.Y.S.2d 856

In the Matter of Maurice Herman, Appellant, v. New York State Division of Housing and Community Renewal, Respondent, and Pablo Depinies, Intervenor-Respondent

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

May 29, 1997

Record support and a rational basis exist for respondent's findings that petitioner failed to produce a credible rent history despite ample opportunity to do so, justifying use of the default formula for establishing the legal regulated rent (Matter of 61 Jane St. Assocs. v New York City Conciliation & Appeals Bd., 65 N.Y.2d 898), and that petitioner failed to establish the nonwillfulness of the resulting overcharge, justifying...

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