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IN THE MATTER OF 425 3RD AVE. REALTY CO. v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

29 A.D.3d 332 (2006)

816 N.Y.S.2d 411

In the Matter of 425 3RD AVENUE REALTY CO., 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.

May 4, 2006.

Inasmuch as respondent's files contained no 2002 annual registration statement for the subject apartment and the owner failed to adduce evidence that the 2002 registration statement was, in fact, filed, it was entirely proper to freeze the legal rent at the amount on April 1, 2002, the effective date for the 2002 registration (see Rent Stabilization Code [9 NYCRR] § 2528.3[a]; § 2528.4[a]; Matter of Yorkroad Assoc. v New York State Div. of Hous. &...

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