MATTER OF 101 W. 70TH STREET ASSOCIATES v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL


269 A.D.2d 316 (2000)

704 N.Y.S.2d 463

In the Matter of 101 W. 70TH STREET ASSOCIATES, Appellant, v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

Decided February 24, 2000.


There is no merit to petitioner's argument that DHCR lacks jurisdiction to establish the fair market rent of an apartment rented for more than $2,000 upon decontrol. Were such the case, a landlord could exempt itself from initial rent regulation of a decontrolled apartment simply by pegging the rent at a level above $2,000. That such was not intended is clearly indicated by the general applicability of fair market rent procedures to initially decontrolled apartments without...

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