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FOLLIN v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

No. 110207/10.

2011 NY Slip Op 30431 (U)

HEIDI FOLLIN and INDREK KOSTABI, both individually and as representatives of any rent stabilized tenant in the City of New York who would have cause to seek equitable or hardship relief if afforded the opportunity before The New York State Division of Housing and Community Renewal, Petitioner. v. THE NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

Supreme Court, New York County.

February 24, 2011.

CAROL E. HUFF, Judge.

Motions with sequence numbers 001 and 002 are consolidated for disposition.

In this "hybrid" Article 78 proceeding and action for declaratory judgment, petitioners seek to overturn the order of respondent New York State Division of Housing and Community Renewal (DHCR) denying petitioner's appeal of a ruling ordering high income rent deregulation of petitioners' apartment. DHCR cross moves to dismiss the petition.

The Article 78...

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