From Casetext: Smarter Legal Research

Matter of Lukin v. State Division of Housing

Appellate Division of the Supreme Court of New York, First Department
Aug 19, 1999
264 A.D.2d 341 (N.Y. App. Div. 1999)

Opinion

August 19, 1999.

Appeal from the Supreme Court (Harold Tompkins, J.).


Under the circumstances presented, we conclude that the DHCR's extraordinary delay in rendering a decision in this matter was unreasonable and substantially prejudiced petitioner (landlord) to the extent that it froze tenant's rent beyond January 4, 1985 ( cf., Matter of Harris Assocs. v. deLeon, 84 N.Y.2d 698, 702). While the DHCR seeks to place fault for the delay in this more than a decade long proceeding upon landlord, the record fails to substantiate its claim. There was no causal connection between the DHCR's delay in rendering a decision and landlord's conduct. Accordingly, the matter should be remanded to the DHCR so that it may recalculate the overcharges. On remand, the DHCR shall determine the lawful increases that landlord was entitled to after January 4, 1985, and determine whether any amounts were collected in excess of such lawful increases.

Concur — Ellerin, P. J., Rosenberger, Buckley and Friedman, JJ.


Summaries of

Matter of Lukin v. State Division of Housing

Appellate Division of the Supreme Court of New York, First Department
Aug 19, 1999
264 A.D.2d 341 (N.Y. App. Div. 1999)
Case details for

Matter of Lukin v. State Division of Housing

Case Details

Full title:IN THE MATTER OF SIDNEY LUKIN, Respondent, v. NEW YORK STATE DIVISION OF…

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

Date published: Aug 19, 1999

Citations

264 A.D.2d 341 (N.Y. App. Div. 1999)
694 N.Y.S.2d 63

Citing Cases

Verbalis v. New York State Division of Housing & Community Renewal

While that appeal was pending, DHCR concluded, upon review of the record, that petitioner's rent challenges…

In re Mahoney v. N.Y Div. of Hsg. Com

Before: Rosenberger, J.P., Andrias, Rubin, Buckley, Marlow, JJ. The petition to annul respondent's…