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MATTER OF COB 3420 BROADWAY, LLC v. TOWNS

5298. 101835/15.

156 A.D.3d 577 (2017)

65 N.Y.S.3d 703

2017 NY Slip Op 09258

In the Matter of COB 3420 BROADWAY, LLC, Appellant, v. DARRYL C. TOWNS et al., Respondents, and SIXTO MERINO, Respondent.

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

Decided December 28, 2017.

DHCR's finding of a rent overcharge was based on its incorrect determination that respondent Merino's apartment was rent stabilized. Upon vacancy of the apartment by the previous rent controlled tenant, the rent reached the $2,000 deregulation threshold due to a combination of vacancy and individual apartment improvement increases that were not challenged (see Matter of 18 St. Marks Place Trident LLC v State of New York Div. of Hous. & Community Renewal, Off. of Rent...

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