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MATTER OF SIEGEL v. NEW YORK STATE DIVISION OF HOUSING & COMMUNITY RENEWAL

9517, 156193/18.

173 A.D.3d 408 (2019)

99 N.Y.S.3d 627

2019 NY Slip Op 04326

In the Matter of Paul Siegel, Appellant, v. New York State Division of Housing & Community Renewal et al., Respondents.

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

Decided June 4, 2019.

DHCR issued the November 2013 determination improperly assessing damages against petitioner, who had not received proper notice of a rent overcharge complaint filed in March 2011 by Siracuse, who subleased an apartment from petitioner. Under these circumstances, the court properly declined to dismiss the DHCR proceeding, and instead remanded the rent overcharge matter to DHCR for de novo review and ordered DHCR to provide petitioner with adequate notice and an opportunity...

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