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MATTER OF POSALSKI v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL, OFFICE OF RENT ADMINISTRATION

291 A.D.2d 327 (2002)

737 N.Y.S.2d 853

In the Matter of WOLF POSALSKI, Appellant, v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL, OFFICE OF RENT ADMINISTRATION, et al., Respondents.

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

Decided February 26, 2002.

The finding of rent control status is rationally based on evidence that the tenants have continuously occupied the subject apartment since before July 1, 1971 (NY City Rent and Rehabilitation Law [Administrative Code of City of NY] § 26-403 [e] [2] [i] [9]; NY City Rent and Eviction Regulations [9 NYCRR] § 2200.2 [f] [17]). Landlord failed to submit any competent evidence to support his assertion that the subject apartment somehow acquired rent stabilization status...

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