Pelham Towers v. Conciliation & Appeals Board

In this article 78 proceeding, petitioner landlord seeks a review of the determination of respondent Conciliation and Appeals Board (CAB) directing the landlord to roll back the rental of the subject premises to an amount not exceeding that allowed under the New York City Rent Stabilization Law and directing a refund of overcharges. Petitioner contends that the premises are exempt from the Rent Stabilization Law by virtue of the fact that the premises are subject to a first mortgage guaranteed by the Federal Housing Administration (FHA).

*815This identical issue has heretofore and fairly recently…