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SODERBERG v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

6 A.D.3d 360 (2004)

775 N.Y.S.2d 153

JAKOB SODERBERG et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

April 29, 2004.

Having failed to oppose the owners' petition for administrative review, the tenants could not raise before the court the factual issues they claimed entitle them to rent-controlled status (see Matter of Steffey v New York State Div. of Hous. & Community Renewal, 276 A.D.2d 407 [2000], lv denied 96 N.Y.2d 709 [2001]). The agency properly determined, based on its expertise in such matters and in the construction of the regulations...

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