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MATTER OF FIRSTMARK DEVELOPMENT CO., INC. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

283 A.D.2d 274 (2001)

726 N.Y.S.2d 391

In the Matter of FIRSTMARK DEVELOPMENT CO., INC., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided May 17, 2001.

John O'Toole moved into Apartment 2B, a rent stabilized apartment, at 113 East 36th Street in Manhattan in May 1996 as a month-to-month tenant without a written lease at an initial rent of $1,700 per month. In May 1997, the then landlord, Elena Fanelli, raised his rent to $1,900 a month. Mr. O'Toole filed a rent overcharge complaint with the Division of Housing and Community Renewal (DHCR) on February 27, 1998. In response, Mrs. Fanelli explained that the total increase consisted...

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