MATTER OF KOSTIC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Index No. 152243/17, 100290/17. Appeal No. 12429. Case No. 2019-00366.

188 A.D.3d 569 (2020)

137 N.Y.S.3d 297

2020 NY Slip Op 06856

In the Matter of Isabelle Kostic, Respondent, v. New York State Division of Housing and Community Renewal, Respondent, and Amdar Company LLC, Appellant. In the Matter of Amdar Company, LLC, Appellant, v. New York State Division of Housing and Community Renewal et al., Respondents.

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

Decided November 19, 2020.


Regardless of its age, an apartment's rent history is always subject to review to determine whether a unit is rent-stabilized (Matter of Regina Metro. Co., LLC v New York State Div. of Hous. & Community Renewal, 35 N.Y.3d 332, 351 n 4 [noting critical difference between overcharge claim and challenge to deregulated status], 360 [upholding declaration that apartment is rent stabilized based upon history preceding lookback period notwithstanding that there may be...

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