East 55th Street Joint Venture v. Division of Housing & Community Renewal

In a CPLR article 78 proceeding transferred to this court by order of the Supreme Court, New York County (Kenneth Shorter, J.), entered May 31, 1989, the determination of respondent Division of Housing and Community Renewal (DHCR) dated December 28, 1988, which denied petitioner’s petition for administrative review of DHCR’s July 15, 1986 order fixing rent for the subject apartment, unanimously confirmed and the petition dismissed, without costs.

In this rent overcharge proceeding, DHCR recalculated the rent for the subject apartment using an alternative method because the landlord did not…