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

292 A.D.2d 207 (2002)

739 N.Y.S.2d 143

In the Matter of ADINA MARMELSTEIN, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and CENPARK REALTY COMPANY, Intervenor-Respondent.

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

Decided March 12, 2002.

There is no merit to petitioner's argument that DHCR exceeded its authority and was otherwise arbitrary and capricious in retroactively applying Rent Stabilization Law of 1969 (Administrative Code of City of NY) § 26-516 (a) (2) to the instant rent overcharge complaint filed before the enactment of that statute (see, Matter of Pechock v New York State Div. of Hous. & Community Renewal, 253 A.D.2d 655). Since the apartment...

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