Because petitioner did not raise the issue of the apartment's status under the rent laws in its response to the tenant's overcharge complaint and, indeed, had accepted the tenant's rent-controlled rent for the preceding 16 years, DHCR did not act arbitrarily and capriciously or in violation of law when it determined that petitioner's challenge to the tenant's rent control status was procedurally barred (see Roosevelt Islanders for Responsible Southtown Dev. v Roosevelt...
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