MATTER OF HELFAND v. DHCR


182 Misc.2d 1 (1999)

696 N.Y.S.2d 630

In the Matter of MARGARET HELFAND, Petitioner, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

Supreme Court, New York County.

May 3, 1999.


Attorney(s) appearing for the Case

Kucker, Kraus & Bruh, New York City, for petitioner.

Marcia Hirsch, New York City, for respondent.


OPINION OF THE COURT

ROBERT D. LIPPMANN, J.

In this CPLR article 78 proceeding petitioner seeks to annul as arbitrary and capricious and contrary to law the Division of Housing and Community Renewal's (DHCR) determination dated October 8, 1998 which ordered petitioner to refund a rent overcharge of $21,600, which sum includes treble damages.

The DHCR proceeding has a long history; it began on June 24, 1985. Dan Brennan occupied the parlor floor apartment...

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