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MATTER OF SPOHNHEIMER v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

277 A.D.2d 58 (2000)

715 N.Y.S.2d 843

In the Matter of DEBRA SPOHNHEIMER, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and IVAN STUX et al., Intervenors-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 14, 2000.

DHCR's determination to process the tenant's "rent overcharge" complaint as a Fair Market Rent Appeal and to adjust the legal regulated rent to the fair market rent (see, Matter of McKensie v Mirabal, 155 A.D.2d 194; Matter of Jemrock Realty Co. v State Div. of Hous. & Community Renewal, 169 A.D.2d 679, lv denied 78 N.Y.2d 852) and to direct the owner to refund the excess rent...

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