MATTER OF AEJ 534 E. 88TH, LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

157908/18. Appeal No. 13130. Case No. 2019-5717.

194 A.D.3d 464 (2021)

2021 NY Slip Op 02977

In the Matter of AEJ 534 East 88th, LLC, Appellant, v. New York State Division of Housing & Community Renewal, Respondent.

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

Decided May 11, 2021.


Attorney(s) appearing for the Case

Robert M. Olshever, P.C., New York ( Robert M. Olshever of counsel), for appellant.

Mark F. Palomino , New York ( Aida P. Reyes of counsel), for respondent.

Concur—Gische, J.P., Moulton, González, Scarpulla, JJ.


In this article 78 proceeding, AEJ 534 East 88th LLC appeals from Supreme Court's denial of its petition to annul a June 27, 2018 determination by respondent New York State Division of Housing and Community Renewal (DHCR) finding that apartment 4C (apartment) located at 534 East 88th Street in Manhattan (building) and occupied by nonparty Sharon Hayes is rent-stabilized. DHCR also determined the base date rent for the apartment, as the basis for calculating an overcharge...

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