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MATTER OF 2758-2760 LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

260079/18. Appeal No. 13372. Case No. 2019-04943.

192 A.D.3d 530 (2021)

140 N.Y.S.3d 697

2021 NY Slip Op 01548

In the Matter of 2758-2760 LLC, Appellant, v. New York State Division of Housing and Community Renewal, Respondent.

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

Decided March 18, 2021.

Attorney(s) appearing for the Case

Novick Edelstein Pomerantz P.C., Yonkers ( Lawrence Schiro of counsel), for appellant.

Mark F. Palomino , NYS Division of Housing and Community Renewal, New York ( Dawn Ivy Schindelman of counsel), for respondent.

Concur—Acosta, P.J., Gische, Webber, González, JJ.

DHCR rationally concluded that petitioner had overcharged the tenant, based on a 1994 rent reduction order in effect during the four-year period preceding the filing of the overcharge claim (see Scott v Rockaway Pratt, LLC, 17 N.Y.3d 739 [2011]; Matter of Cintron v Calogero, 15 N.Y.3d 347 [2010]). DHCR also rationally imposed treble damages, as...

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