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


3 A.D.3d 366 (2004)

771 N.Y.S.2d 85

In the Matter of ERCIDA FERNANDEZ, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Appellants.

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

January 15, 2004.


Petitioner was a 20-year resident of apartment 55 at 557 West 148th Street in Manhattan, a 1,000-square-foot, four-bedroom apartment with a monthly rent of $432.31, when an extensive fire rendered the entire building uninhabitable and all the tenants were forced to vacate their apartments. Two years later, petitioner was permitted to move back into the extensively renovated and restored building, now into apartment 5C, a 500-square-foot, two-bedroom apartment, at a "preferential...

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