Marder v. New York State Division of Housing & Community Renewal

—Order and judgment (one paper), Supreme Court, New York County (Beatrice Shainswit, J.), entered August 8, 1994, which denied petitioner tenants’ application pursuant to CPLR article 78 to annul respondent’s denial of petitioners’ overcharge complaint, unanimously affirmed, without costs.

Although tenants’ claim herein, that the owner had fraudulently registered the premises as a hotel and that therefore "the presence of unique or peculiar circumstances” (Administrative Code of City of NY § 26-513 [a]) warranted respondent agency’s discretionary adjustment of their initial legal regulated…