MATTER OF CINTRON v. CALOGERO


59 A.D.3d 345 (2009)

874 N.Y.S.2d 76

In the Matter of OSCAR CINTRON, Appellant, v. JUDITH A. CALOGERO, as Commissioner of the Division of Housing and Community Renewal of the State of New York, Respondent.

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

Decided February 26, 2009.


The order, finding the base rent date to be December 11, 1999 (four years prior to the filing of the overcharge complaint), establishing the legal base rent as the amount paid on that date, freezing that rent until February 1, 2004, during which time rent reduction orders were extant, and directing the owner to refund overcharges collected from the base rent date inclusive of treble damages, was not arbitrary and capricious, and had a rational basis (see generally Matter...

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