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MATTER OF IG SECOND GENERATION PARTNERS L.P. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

294 A.D.2d 300 (2002)

743 N.Y.S.2d 424

In the Matter of IG SECOND GENERATION PARTNERS L.P. et al., Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and IRENE B. SMITH, Appellant.

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

Decided May 30, 2002.

In November 1990, petitioner-landlord (landlord) entered into a residential lease with respondent-tenant (tenant), the first rent-stabilized tenant of the subject apartment, for a monthly rent of $1,200. After discovering that the subject apartment had previously been rent-controlled, with a monthly rent of $354.32, tenant commenced a fair market rent appeal with the New York State Division of Housing and Community Renewal on January 20, 1991. However, DHCR did not give notice...

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