Gardner v. Division of Housing & Community Renewal

OPINION OF THE COURT

George Friedman, J.

Proceeding brought pursuant to CPLR article 78 seeking an order, inter alia, directing respondent Division of Housing and Community Renewal (DHCR) to issue a determination on respondent 2770 Briggs Realty Corp.’s (Briggs) petition for administrative review (PAR) challenging an order of the District Rent Administrator finding a rent overcharge and awarding "treble” damages is decided as follows:

Where a rent-regulated tenant obtains a determination from the District Rent Administrator that he or she has been overcharged, should the tenant nevertheless be…