Matter of COB 3420 Broadway, LLC v. Towns

Order and judgment (one paper), Supreme Court, New York County (Manuel J. Mendez, J.), entered May 20, 2016, denying the petition to annul the determination of respondent New York State Homes and Community Renewal (DHCR), dated August 13, 2015, that a rent overcharge occurred, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously reversed, on the law, without costs, the petition granted, and the determination annulled.

DHCR’s finding of a rent overcharge was based on its incorrect determination that respondent Merino’s apartment was rent stabilized. Upon vacancy of the…