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

—Order and judgment (one paper), Supreme Court, New York County (Joan Madden, J.), entered on or about June 26, 2001, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 to annul a determination of respondent New York State Division of Housing and Community Renewal (DHCR), dated August 23, 2000, that dismissed petitioner tenants’ rent overcharge complaints on the ground that the building in which the tenants’ apartments were located was not subject to rent regulation, unanimously affirmed, without costs.

The issue of whether the subject premises is a…