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

Appellate Division of the Supreme Court of New York

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

110 A.D.3d 441, 971 N.Y.S.2d 873

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 3, 2013

StatusPublished

This text of 110 A.D.3d 441 (Ogunrinde v. New York State Division of Housing & Community Renewal) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ogunrinde v. New York State Division of Housing & Community Renewal, 110 A.D.3d 441, 971 N.Y.S.2d 873 (N.Y. Ct. App. 2013).

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Opinion

Order and judgment (one paper), Supreme Court, New York County (Judith J. Gische, J.), entered December 28, 2010, which denied petitioner tenant’s petition brought pursuant to CPLR article 78 to annul respondent State Division of Housing and Community Renewal’s (DHCR) determination, dated October 22, 2009, denying his rent overcharge complaint, and dismissed the proceeding, unanimously affirmed, without costs.

DHCR’s determination that the base rent should be the rent that petitioner agreed to pay at the commencement of his occupancy was rationally based, since there was an absence of any reviewable rent records prior to such agreement (see Matter of Payne v New York State Div. of Hous. & Community Renewal, 287 AD2d 415 [1st Dept 2001]).

We have considered petitioner’s remaining arguments and find them unavailing. Concur — Mazzarelli, J.P., Renwick, DeGrasse, Freedman and Feinman, JJ. [Prior Case History: 2010 NY Slip Op 33350(U).]

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Order and judgment (one paper), Supreme Court, New York County (Judith J. Gische, J.), entered December 28, 2010, which denied petitioner tenant’s petition brought pursuant to CPLR article 78 to annul respondent State Division of Housing and Community Renewal’s (DHCR) determination, dated October 22, 2009, denying his rent overcharge complaint, and dismissed the proceeding, unanimously affirmed, without costs.

DHCR’s determination that the base rent should be the rent that petitioner agreed to pay at the commencement of his occupancy was rationally based, since there was an absence of any reviewable rent records prior to such agreement (see Matter of Payne v New York State Div. of Hous. & Community Renewal, 287 AD2d 415 [1st Dept 2001]).

We have considered petitioner’s remaining arguments and find them unavailing. Concur — Mazzarelli, J.P., Renwick, DeGrasse, Freedman and Feinman, JJ. [Prior Case History: 2010 NY Slip Op 33350(U).]

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110 A.D.3d 441, 971 N.Y.S.2d 873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ogunrinde-v-new-york-state-division-of-housing-community-renewal-nyappdiv-2013.

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