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MATTER OF METROPOLITAN 118-80 LIMITED PARTNERSHIP v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

2010-04744.

83 A.D.3d 944 (2011)

920 N.Y.S.2d 729

In the Matter of METROPOLITAN 118-80 LIMITED PARTNERSHIP, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided April 19, 2011.

Ordered that the judgment is affirmed, with costs.

Pursuant to section 26-516 (a) of the Rent Stabilization Law of 1969 (Administrative Code of City of NY § 26-501 et seq.), "once the occurrence of a rent overcharge has been established, it becomes incumbent upon the landlord to establish by a preponderance of the evidence that the overcharge was not willful" (Matter of Obiora v New York State Div. of Hous. & Community Renewal,

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