Pastreich v. New York State Division of Housing and Community Renewal

*385Judgment, Supreme Court, New York County (Lottie E. Wilkins, J.), entered November 3, 2006, insofar as appealed from as limited by the briefs, dismissing petitioner tenant’s CPLR article 78 proceeding challenging respondent Division of Housing and Community Renewal’s (DHCR) determination denying tenant’s rent overcharge complaint, unanimously reversed, on the law, without costs, and the petition granted to the extent of remanding to DHCR for an evidentiary hearing on the issue of tenant’s and intervenor-respondent landlord’s intent concerning the duration of preferential rent.

The August 1991…