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ONE THREE EIGHT SEVEN ASSOC. v. COMMISSIONER OF DIVISION OF HOUSING AND COMMUNITY RENEWAL OF OFFICE OF RENT ADMINISTRATION

269 A.D.2d 296 (2000)

703 N.Y.S.2d 44

ONE THREE EIGHT SEVEN ASSOC., Appellant, v. COMMISSIONER OF DIVISION OF HOUSING AND COMMUNITY RENEWAL OF OFFICE OF RENT ADMINISTRATION, Respondent, et al., Respondent.

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

Decided February 24, 2000.

Although petitioner purchased the subject premises in 1991, only a few months before the District Rent Administrator fixed the fair market rent and directed petitioner and two prior landlords to refund to the tenant the excess rent that the tenant paid to each since moving into the apartment in 1985, it was not arbitrary and capricious for DHCR, on petitioner's petition for administrative review (PAR) decided in 1998, to direct petitioner to refund the excess rent collected...

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