Lakeview Properties v. New York City Conciliation & Appeals Board

OPINION OF THE COURT

Martin B. Stecher, J.

Petitioner seeks to limit its obligation to refund overcharges ordered by respondent (^of 1% of rents collected) to those actually collected by the petitioner.

The facts are essentially undisputed.* In 1974, a prior owner petitioned for a hardship increase. In 1977, the increase was granted retroactive to 1974. Part of the increase was contingent on the resolution of the landlord’s real property tax liability, probably a substantial expense item in landlord’s presentation. The landlord was obligated by the Conciliation and Appeals Board (CAB) order to…