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MATTER OF A.J. CLARKE REAL ESTATE CORP. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

307 A.D.2d 841 (2003)

763 N.Y.S.2d 577

In the Matter of A.J. CLARKE REAL ESTATE CORP., as Managing Agent for KATZ 737 CORP., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and JAY SHAPIRO et al., Intervenors-Respondents.

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

Decided August 14, 2003.

The landlord served an income certification form (ICF) in March 2000, shortly after it was advised by the tenants of record, respondent parents, that they would be vacating the subject apartment by December 31, 1999 and that their daughter, also a respondent herein, would be continuing her occupancy and succeeding to their rights under the Rent Stabilization Law. DHCR denied luxury deregulation upon findings that the daughter was the only permanent occupant of the apartment...

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