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


51 A.D.3d 417 (2008)

857 N.Y.S.2d 110

In the Matter of BRUCE PORTER et al., Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and DUANE STREET REALTY, LLC, Appellant.

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

Decided May 1, 2008.


Rent Stabilization Code (9 NYCRR) § 2527.8 provides that "DHCR, on application of either party, or on its own initiative, and upon notice to all parties affected, may issue a superseding order modifying or revoking any order issued by it under this or any previous Code where the DHCR finds that such order was the result of illegality, irregularity in vital matters or fraud." The Court of Appeals has confirmed DHCR's broad powers and authority to alter its prior determinations...

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