MATTER OF ELM REALTY, INC. v. Office of Rent Control

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be modified by reinstating the rent commissioner’s determination relating to Elm Realty, Inc., and the petitioner Visco insofar as the commissioner directed Visco to repay illegally collected rent.

With respect to Elm Realty, Inc., the commissioner did not misconstrue the statute (Administrative Code of City of New York, § Y51-11.0, subd b, par [2], cl [a]) or abuse his discretion as a matter of law by imposing a penalty for each monthly overcharge of rent.

With respect to petitioner Visco the Appellate Division erred in…