From Casetext: Smarter Legal Research

Jemrock Realty Co. v. State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 679 (N.Y. App. Div. 1991)

Opinion

January 31, 1991

Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).


Petitioner is the owner of 210 West 101st Street. Prior to April 1, 1984 the tenant of apartment 15E filed a rent overcharge complaint. DHCR directed the owner to roll back the rent by approximately $400 per month, and determined a refund was due the tenant of $33,817.57.

Petitioner's request that this court overrule its determination in Matter of Lavanant v State Div. of Hous. Community Renewal ( 148 A.D.2d 185) has been rejected numerous times and does not warrant serious consideration. (See, e.g., Matter of Jemrock Realty Co. v Division of Hous. Community Renewal, 166 A.D.2d 222. ) Furthermore, DHCR's processing of the tenant's rent overcharge complaint as a fair market rent challenge was neither arbitrary nor capricious; the tenant, at the time she initially filed her papers, was unaware that she was the first rent-stabilized tenant.

Concur — Sullivan, J.P., Carro, Rosenberger, Ellerin and Kupferman, JJ.


Summaries of

Jemrock Realty Co. v. State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1991
169 A.D.2d 679 (N.Y. App. Div. 1991)
Case details for

Jemrock Realty Co. v. State Division of Housing & Community Renewal

Case Details

Full title:In the Matter of JEMROCK REALTY CO., Appellant, v. STATE DIVISION OF…

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

Date published: Jan 31, 1991

Citations

169 A.D.2d 679 (N.Y. App. Div. 1991)

Citing Cases

Tzifil Realty Corp. v. New York State Division of Housing & Community Renewal

ORDERED that the judgment is affirmed, with costs. Contrary to the contention of the petitioner, the…

One Three Eight Seven Assoc. v. Commissioner of Division of Housing & Community Renewal of Office of Rent Administration

cy, in force since 1993, of entitling a tenant to collect rents ordered refunded by reason of an overcharge…