Case Type

Overcharge

Housing Type

Rent Stabilized

Court

Appellate Division, First Department

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

158290/22

Slip Opinion Number

2024 NY Slip Op 05022

Petitioner

Susan Kathryn Hefti

Respondent

New York State Division of Housing & Community Renewal, 93rd Building Corp.

Judge

Headley, Lisa S.

Decision/Order Date

2024-10-10

Posture

Other

Disposition

Case Dismissed/discontinued

Winner

Landlord Substantially Won

Synopsis

The court upheld DHCR's denial of tenant’s PAR, finding that there was no fraudulent scheme to deregulate the apartment. DHCR rationally relied on a 2005 order, rejecting tenant’s claim that a 2001 rent increase established fraud. The court affirmed the dismissal of the tenant’s overcharge claims, denying any award for treble damages, and found no due process violations in the DHCR's proceedings. Article 78 petition.

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