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


19 A.D.3d 217 (2005)

797 N.Y.S.2d 60

In the Matter of YORKROAD ASSOCIATES, by MAYERHAUSER REALTY, INC., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

June 16, 2005.


Inasmuch as DHCR's files contained no 1999 annual registration statement for the subject apartment and petitioner failed to adduce evidence establishing that the 1999 registration statement was, in fact, filed, the complaining tenant's rent was properly frozen at 1998 levels (see Rent Stabilization Code [9 NYCRR] § 2528.3 [a]; § 2528.4). Also proper was that part of DHCR's determination affirming the disallowance of rent

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