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MATTER OF 450-452 EAST 81ST STREET, LLC v. NEW YORK STATE DIV. OF HOUS. AND COMMUNITY RENEWAL

70 A.D.3d 489 (2010)

895 N.Y.S.2d 54

In the Matter of 450-452 EAST 81ST STREET, LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

Decided February 16, 2010.

Even considering evidence as to renovations made in the apartment more than four years before the filing of the overcharge complaint, petitioner failed to meet its burden of proving it did not willfully charge excessive rent, or that the Division of Housing and Community Renewal's (DHCR) order was arbitrary or capricious (see Matter of H.O. Realty Corp. v State of N.Y. Div. of Hous. & Community Renewal,

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