Merit Management L. L. C. v. New York State Division of Housing & Community Renewal

Judgment, Supreme Court, New York County (Edward Lehner, J.), entered August 26, 1999, which denied petitioner landlord’s application to annul respondent DHCR’s determination finding a rent overcharge and imposing treble damages, unanimously affirmed, without costs.

The determination that petitioner willfully overcharged rent is rationally supported by evidence that improvements petitioner claims it made to the apartment after the previous tenant moved out and before respondent tenant moved in, and which petitioner claims justified a l/40th increase in rent, were not made at that time. We…