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

OPINION OF THE COURT

Debra A. James, J.

In this proceeding, petitioner, a rent-stabilized tenant, seeks *512to annul and vacate the January 11, 2002 denial by respondent New York State Division of Housing and Community Renewal (DHCR) of her petition for administrative review (PAR) of a rent overcharge claim she filed in 1999.

By that denial, DHCR affirmed the Rent Administrator’s determination that no rent overcharge had occurred as the landlord, respondent 557 West 148th Street Realty, L.L.C. (respondent), had altered the “footprint” of the apartment to the extent that petitioner’s original…