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

287 A.D.2d 720 (2001)

732 N.Y.S.2d 347

In the Matter of BRADFORD MOTT, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided October 29, 2001.

Ordered that the judgment is affirmed, with costs.

Since it was undisputed that the petitioner overcharged the complaining tenants for rent, the petitioner was required to "establish * * * by a preponderance of the evidence that the overcharge was neither willful nor attributable to his negligence" (9 NYCRR 2506.1 [a] [1]). Since the agency's conclusion that the petitioner failed to do so has a rational basis in the record, the Supreme Court properly refused to disturb...

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