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

253 A.D.2d 655 (1998)

677 N.Y.S.2d 554

In the Matter of Chester Pechock, Appellant, v. New York State Division of Housing and Community Renewal, Respondent, and Julia Miller et al., Intervenors-Respondents

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

September 17, 1998

Inasmuch as DHCR's overcharge calculation refers to the subject apartment's rent in 1985, more than four years prior to the filing of the tenants' overcharge complaint on September 11, 1990, a recalculation of the refund is necessitated by the Rent Regulation Reform Act of 1997, which amended Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-516 (a) (2) to specifically "`preclude examination of the rental history of the housing accommodation prior...

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