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MATTER OF ELLISON v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

33 A.D.3d 457 (2006)

823 N.Y.S.2d 125

In the Matter of DENNIS M. ELLISON et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and LIGHTHOUSE PROPERTIES, Intervenor-Respondent.

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

Decided October 19, 2006.

When a tenant is forced to commence a plenary action to enforce a fair market rent appeal (FMRA) award, the courts have formulated rules to assure the tenant is made whole by receiving interest from the date of the Rent Administrator's order (Chechak v Hakim, 269 A.D.2d 333 [2000]), plus attorneys' fees where so provided for in the lease. Here, where the Deputy Commissioner's order of December 13, 2000 "modified" the earlier order...

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