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

2019-00967. Index No. 2146/17.

191 A.D.3d 874 (2021)

138 N.Y.S.3d 894

2021 NY Slip Op 01043

In the Matter of Evans Fanor, Respondent, v. New York State Division of Housing and Community Renewal, Respondent, and 724 East 27th Street, LLC, Appellant.

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

Decided February 17, 2021.

Attorney(s) appearing for the Case

Belkin Burden Wenig & Goldman, LLP, New York, NY ( Robert A. Jacobs , Magda L. Cruz , and Sherwin Belkin of counsel), for appellant.

Dillon, J.P., Hinds-Radix, Barros and Wooten, JJ., concur.

Ordered that the judgment is reversed, on the law, with costs, the determination dated May 23, 2017, is confirmed, the petition is denied, and the proceeding is dismissed.

On February 28, 2017, a Rent Administrator of the New York State Division of Housing and Community Renewal (hereinafter DHCR) denied the petitioner's complaint of rent overcharges, finding that the subject apartment had previously been legally deregulated...

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