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

269 A.D.2d 169 (2000)

702 N.Y.S.2d 811

In the Matter of RICHARD ACUNTO et al., Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, et al., Respondent.

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

Decided February 8, 2000.

Petitioners' reliance on Smitten v 56 MacDougal St. (167 A.D.2d 205) is misplaced in the context of this article 78 proceeding (Matter of Dattoma v New York State Div. of Hous. & Community Renewal, 262 A.D.2d 54). The initial registered rent contemplated by Rent Stabilization Code (9 NYCRR) § 2521.1 (a) (1) is "the rent agreed to by the owner and the tenant" (i.e., the rent negotiated...

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