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MATTER OF HIGHLAWN ASSOCIATES, LLC. v. DIVISION OF HOUSING AND COMMUNITY RENEWAL

309 A.D.2d 750 (2003)

765 N.Y.S.2d 272

In the Matter of HIGHLAWN ASSOCIATES, LLC, Appellant, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided October 6, 2003.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, and the determination is annulled.

It was improper for the New York State Division of Housing and Community Renewal to consider the rental history of the landlord's rent-stabilized building beyond the four-year period measured from the date of the tenant's filing of his rent overcharge complaint (see Administrative Code of City of New York § 26-516 [a] [2]; CPLR 213...

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