96. Argued May 4, 2005. Decided June 14, 2005. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered February 26, 2004. The Appellate Division (1) reversed, on the law, a judgment of the Supreme Court, New York County (Sheila Abdus-Salaam, J.), which, in a proceeding pursuant to CPLR article 78, had denied the petition to review a determination of respondent New York State Division of Housing and Community
159846/14 2764 2763 03-30-2017 Benjamin Dixon, Plaintiff-Appellant, v. 105 West 75th Street LLC, et al., Defendants-Respondents. Moira C. Brennan, New York, for appellant. Kucker & Bruh, LLP, New York (Robert H. Berman of counsel), for respondents. Acosta, J.P., Mazzarelli, Manzanet-Daniels, Webber, Gesmer, JJ. Moira C. Brennan, New York, for appellant. Kucker & Bruh, LLP, New York (Robert H. Berman of counsel), for respondents. Orders, Supreme Court, New York County (Manuel J. Mendez, J.), entered
(a) The failure to properly and timely comply, on or after the base date, with the rent registration requirements of this Part shall, until such time as such registration is completed, bar an owner from applying for or collecting any rent in excess of: the base date rent, plus any lawful adjustments allowable prior to the failure to register. Such a bar includes but is not limited to rent adjustments pursuant to section 2522.8 of this Title. The late filing of a registration shall result in the elimination
(a) (1) Any owner who is found by the division, after a reasonable opportunity to be heard, to have collected any rent or other consideration in excess of the legal regulated rent shall be ordered to pay to the tenant a penalty equal to three times the amount of such excess, except as provided in subdivision (f) of this section. In no event shall such treble damage penalty be assessed against an owner based solely upon the owner's failure to file any timely or proper rent registration statement.