MATTER OF CATALA v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

5661. 250212/16.

158 A.D.3d 473 (2018)

67 N.Y.S.3d 844

2018 NY Slip Op 00911

In the Matter of RAMON CATALA, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, et al., Respondent.

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

Decided February 8, 2018.


DHCR properly reopened petitioner tenant's underlying proceeding challenging the rent set by the New York City Housing and Preservation Development (HPD). While DHCR had granted petitioner's overcharge complaint, it subsequently denied the complaint of another tenant, in the same building, who had made identical claims. This irregularity in a vital matter warranted the reopening of petitioner's overcharge proceeding, upon notice to the parties (see 9 NYCRR 2529.9;...

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