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

Index No. 154307/19. Appeal No. 12614. Case No. 2020-03036.

189 A.D.3d 495 (2020)

138 N.Y.S.3d 11

2020 NY Slip Op 07449

In the Matter of Guadalupe Bazan, Appellant, v. New York State Division of Housing and Community Renewal, Respondent.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Grimble & LoGuidice, LLP, New York ( Robert Grimble of counsel), for appellant.

Mark F. Palomino , New York ( Jeffrey G. Kelly of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.

Petitioner filed a rent overcharge complaint with DHCR in December of 2015, prior to the enactment of the Housing Stability and Tenant Protection Act of 2019 (HSTPA) (L 2019, ch 36, § 1). Therefore, pre-HSTPA law applies (see Matter of Regina Metro. Co., LLC v New York State Div. of Hous. & Community Renewal, 35 N.Y.3d 332, 363 [2020]; 435 Cent. Park W. Tenant Assn. v Park Front Apts., LLC, 183 A.D.3d 509, 509 [1st Dept 2020]), and DHCR's review of...

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