Property Management Associates v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York

Property Management Associates v. New York State Division of Housing & Community Renewal

217 A.D.2d 631, 629 N.Y.S.2d 472, 1995 N.Y. App. Div. LEXIS 7800

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

DecidedJuly 17, 1995

StatusPublished

This text of 217 A.D.2d 631 (Property Management Associates 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.

Bluebook

Property Management Associates v. New York State Division of Housing & Community Renewal, 217 A.D.2d 631, 629 N.Y.S.2d 472, 1995 N.Y. App. Div. LEXIS 7800 (N.Y. Ct. App. 1995).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Housing and Community Renewal dated March 26, 1993, finding, inter alia, that the petitioner failed to properly register the apartment in question for the years 1984 through 1990, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Wood, J.), entered February 8, 1994, which dismissed the proceeding. The appeal brings up for review so much of an order of the same court entered May 25, 1994, as, upon reargument, adhered to the original determination (CPLR 5517 [b]).

Ordered that the appeal from the judgment is dismissed since the judgment was superseded by the order made upon reargument; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

[632]*632Ordered that the respondent is awarded one bill of costs.

The Emergency Tenant Protection Act of 1974 (L 1974, ch 576, § 4) requires the owner of an apartment building, such as the petitioner, to file with the New York State Division of Housing and Community Renewal (hereinafter the DHCR) an annual rent registration statement for each apartment in the building and to serve a copy of the rent registration statement on the tenant (see, McKinney’s Uncons Laws of NY § 8632-a [f] [Emergency Tenant Protection Act of 1974, § 12-a; L 1974, ch 576, § 4, as amended]). The record reveals that the petitioner failed to serve the rent registration statement on the complaining tenant for the years 1984 through 1990. Therefore, the DHCR’s determination that the petitioner failed to properly register the apartment in question for those years is neither arbitrary nor capricious (see, Matter of Clinton Ct. Investors, NYLJ, Aug. 8,1994, at 30, col 3).

The petitioner’s remaining contention it without merit. Rosenblatt, J. P., Ritter, Copertino and Hart, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Housing and Community Renewal dated March 26, 1993, finding, inter alia, that the petitioner failed to properly register the apartment in question for the years 1984 through 1990, the petitioner appeals from a judgment of the Supreme Court, Westchester County (Wood, J.), entered February 8, 1994, which dismissed the proceeding. The appeal brings up for review so much of an order of the same court entered May 25, 1994, as, upon reargument, adhered to the original determination (CPLR 5517 [b]).

Ordered that the appeal from the judgment is dismissed since the judgment was superseded by the order made upon reargument; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

[632]*632Ordered that the respondent is awarded one bill of costs.

The Emergency Tenant Protection Act of 1974 (L 1974, ch 576, § 4) requires the owner of an apartment building, such as the petitioner, to file with the New York State Division of Housing and Community Renewal (hereinafter the DHCR) an annual rent registration statement for each apartment in the building and to serve a copy of the rent registration statement on the tenant (see, McKinney’s Uncons Laws of NY § 8632-a [f] [Emergency Tenant Protection Act of 1974, § 12-a; L 1974, ch 576, § 4, as amended]). The record reveals that the petitioner failed to serve the rent registration statement on the complaining tenant for the years 1984 through 1990. Therefore, the DHCR’s determination that the petitioner failed to properly register the apartment in question for those years is neither arbitrary nor capricious (see, Matter of Clinton Ct. Investors, NYLJ, Aug. 8,1994, at 30, col 3).

The petitioner’s remaining contention it without merit. Rosenblatt, J. P., Ritter, Copertino and Hart, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

217 A.D.2d 631, 629 N.Y.S.2d 472, 1995 N.Y. App. Div. LEXIS 7800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/property-management-associates-v-new-york-state-division-of-housing-nyappdiv-1995.

Opinion

Related

Cite This Page — Counsel Stack