Highlawn Associates, LLC v. Division of Housing & Community Renewal

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Housing and Community Renewal dated August 21, 2001, which affirmed an order of the District Rent Administrator, dated November 18, 1998, awarding the tenant a refund for rent overcharges, the landlord appeals from a judgment of the Supreme Court, Kings County (Clemente, J.), dated February 1, 2002, which denied the petition and dismissed the proceeding.

Ordered that the judgment is reversed, on the law, with costs, the petition is granted, and the determination is annulled.

It was improper…