MATTER OF LUKIN v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL


264 A.D.2d 341 (1999)

694 N.Y.S.2d 63

In the Matter of SIDNEY LUKIN, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Appellants.

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

Decided August 19, 1999.


Under the circumstances presented, we conclude that the DHCR's extraordinary delay in rendering a decision in this matter was unreasonable and substantially prejudiced petitioner (landlord) to the extent that it froze tenant's rent beyond January 4, 1985 (cf., Matter of Harris & Assocs. v deLeon, 84 N.Y.2d 698, 702). While the DHCR seeks to place fault for the delay in this more than a decade long proceeding upon landlord, the...

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