MATTER OF JEMROCK REALTY CO. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL


273 A.D.2d 124 (2000)

710 N.Y.S.2d 887

In the Matter of JEMROCK REALTY CO., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

Decided June 20, 2000.


DHCR reasonably concluded that petitioner landlord's overcharge was willful. It should have been clear that petitioner landlord's purported increase of the legal regulated rent for respondent tenant's apartment from $679.45 to more than $2,000, i.e., beyond the deregulation threshold (see, Administrative Code of City of NY § 26-504.2), was not authorized. Even if the landlord had been entitled to a full one-fortieth...

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