500 West End Avenue Owners v. New York State Division of Housing & Community Renewal

OPINION OF THE COURT

Jeffrey M. Atlas, J.

Petitioner seeks to overturn a decision by respondent Divi*180sion of Housing and Community Renewal (DHCR) holding petitioner responsible for rent overcharges paid by a tenant to the owner of the building from whom petitioner privately purchased its interest. While challenging the decision on other grounds, petitioner places primary emphasis on its claim that the imposition of treble damages against it was unlawful. In particular, petitioner contends that since all rental overcharges were collected and retained only by its predecessor in interest,…