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MATTER OF HAR HOLDING CO. v. LYNCH

278 A.D.2d 103 (2000)

718 N.Y.S.2d 27

In the Matter of HAR HOLDING CO., Appellant, v. JOSEPH B. LYNCH, as Commissioner of the New York State Division of Housing and Community Renewal, et al., Respondents.

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

Decided December 14, 2000.

Respondent properly established the fair market rent for the subject apartment based solely upon the applicable special rent guideline order where petitioner failed to submit qualifying comparable rents (see, Matter of Mansions v Higgins, 189 A.D.2d 713). Respondent correctly interpreted petitioner's Civil Court settlement with the tenant as having preserved the tenant's right to establish the fair market rent of the apartment as...

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