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IN THE MATTER OF 504 11TH STREET CORP. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

28 A.D.3d 663 (2006)

813 N.Y.S.2d 761

In the Matter of 504 11TH STREET CORP., Appellant, 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, Second Department.

April 18, 2006.

Ordered that the judgment is affirmed insofar as appealed from, with costs to the respondent New York State Division of Housing and Community Renewal.

The petitioner's opposition to the rent overcharge complaint at issue rests solely on its contention that the building in which the subject dwelling unit is located became exempt from regulation under the Emergency Tenant Protection Act (L 1974, ch 576, § 4, as amended [ETPA]) by reason of its substantial rehabilitation...

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