Firstmark Development Co. v. New York State Division of Housing & Community Renewal

—Order, Supreme Court, New York County (Emily Goodman, J.), entered March 7, 2000, which denied and dismissed petitioner’s CPLR article 78 petition seeking to annul respondent’s determination, dated June 7, 1999, that the purported waiver by a tenant of his rights to challenge a rent overcharge was unenforceable, unanimously reversed, on the law, without costs, the petition granted, the determination annulled, and the agreement between petitioner and tenant reinstated.

John O’Toole moved into Apartment 2B, a rent stabilized apartment, at 113 East 36th Street in Manhattan in May 1996 as a…