Samouha v. Commissioner of the New York State Division of Housing & Community Renewal

Judgment, Supreme Court, New York County (William Davis, J.), entered on or about November 13, 2002, which denied petitioner landlord’s application to annul respondent New York State Division of Housing and Community Renewal’s (DHCR) determination finding a rent overcharge and imposing treble damages, unanimously affirmed, without costs.

The determination that petitioner willfully overcharged rent is rationally supported by evidence that he did not make the improvements he claims he made after the previous tenant moved out and before the present tenant moved in (see Matter of 985 Fifth Ave. v…