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MATTER OF LENOX HILL APTS. INC. v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

6679, 102049/16.

161 A.D.3d 641 (2018)

78 N.Y.S.3d 24

2018 NY Slip Op 03763

In the Matter of Lenox Hill Apartments Inc., Respondent, v. New York State Division of Housing and Community Renewal, Appellant.

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

Decided May 24, 2018.

On May 15, 2015, petitioner filed a Petition by Owner for High Income Rent Deregulation (OPD) with DHCR. The OPD indicated that the legal rent for the apartment and the tenants' total annual income exceeded the deregulation threshold, as the tenants certified on an Income Certification Form (ICF) (see Administrative Code of City of NY § 26-504.3 [a] [2], [3]). By the mandatory and explicit language of Administrative Code § 26-504.3 (b), DHCR was required...

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