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IN THE MATTER OF 103 EAST 86TH ST. REALTY CORP. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

12 A.D.3d 289 (2004)

785 N.Y.S.2d 65

In the Matter of 103 EAST 86TH ST. REALTY CORP., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and STACY MALIN, Intervenor-Respondent.

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

November 23, 2004.

Petitioner urges that respondent should have taken into consideration the income of the tenant's husband (see Rent Stabilization Law [Administrative Code of City of NY] § 26-504.1), despite the tenant's submission of evidence that her husband had permanently vacated the apartment prior to service upon her of the income certification form. To the contrary, this Court has previously upheld respondent's interpretation of Bulletin 95-3 in Matter of A.J. Clarke...

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