Alcoma Corp. v. New York State Division of Housing & Community Renewal

Sullivan, J. P.,

dissents in a memorandum as follows: In this CPLR article 78 proceeding on appeal from a dismissal by the IAS court, the owner and landlord of premises located at 170 East 78th Street in Manhattan seeks annulment of an order of the Division of Housing and Community Renewal (DHCR) finding timely the challenge of the tenant of a rent-stabilized apartment to her initial legal regulated rent. In three prior orders the DHCR had found the tenant’s rent challenge to be time-barred.

The apartment in question was subject to the city rent law (rent control) until June 1982, when the last…