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

305 A.D.2d 283 (2003)

761 N.Y.S.2d 28

In the Matter of LIGHTHOUSE PROPERTIES, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and DENNIS M. ELLISON et al., Intervenors-Respondents. In the Matter of DENNIS M. ELLISON et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and LIGHTHOUSE PROPERTIES, Intervenor-Respondent.

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

Decided May 22, 2003.

In light of the owner's failure to meet its burden to demonstrate that the first rent-stabilized tenant of the subject apartment had been served with an initial registration (RR-1) form, DHCR's treatment of the rent overcharge complaint of the successor tenants, Ellison and Ciacio, as a fair market rent appeal, was not time-barred (see Matter of McKenzie v Mirabal, 155 A.D.2d 194 [1990]). We reject the contention that the owner was...

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