Weinreb Management v. New York State Division of Housing & Community Renewal

On March 30, 1984, the tenants filed a fair market rent appeal and a rent overcharge complaint with respondent DHCR which was dismissed on March 9, 1988. The tenants then filed an administrative appeal resulting in respondent DHCR’s order issued January 11, 1996, which granted the tenants’ petition in part by recomputing the legal regulated rent for their apartment and determining that the owner collected overcharges of $3,231.58. No notice was given to petitioner-landlord.

*222The tenants then brought a CPLR article 78 proceeding seeking review of the Commissioner’s order and DHCR cross-moved to…