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RUSKIN ASSOCIATES, LLC v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL

2485, 116295/08.

77 A.D.3d 401 (2010)

908 N.Y.S.2d 392

RUSKIN ASSOCIATES, LLC, Appellant, v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided October 5, 2010.

In response to tenant Sylvain Gilary's overcharge complaint, the Conciliation and Appeals Board (CAB) advised him in a letter dated August 28, 1979 that "[a] preliminary check of the records. . . failed to reveal an enrollment for your dwelling unit" with the Rent Stabilization Association (RSA). Lack of enrollment, the letter explained, meant that CAB lacked jurisdiction over the matter, which would have to be referred to the New York City Department of Housing Preservation...

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