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IN THE MATTER OF WAVERLY ASSOCIATES v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

12 A.D.3d 272 (2004)

785 N.Y.S.2d 67

In the Matter of WAVERLY ASSOCIATES, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and MITCHELL BERMAN, Intervenor-Respondent. In the Matter of MITCHELL BERMAN, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and WAVERLY ASSOCIATES, Intervenor-Respondent.

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

November 23, 2004.

We reject landlord's argument that DHCR's September 2000 notice unfairly requested additional documents substantiating improvements that landlord was claiming in a rent overcharge complaint filed 17 years earlier in June 1983. The notice followed a CPLR article 78 proceeding in which landlord argued that DHCR should have informed it that its documents were inadequate, and consented to a remand sought by DHCR for the very purpose of considering additional evidence. Thus, landlord...

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