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

7531. 101924/16.

166 A.D.3d 404 (2018)

88 N.Y.S.3d 187

2018 NY Slip Op 07353

In the Matter of Angelica Uribe Enriquez, Respondent-Appellant, v. New York State Division of Housing and Community Renewal, Appellant-Respondent.

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

Decided November 1, 2018.

DHCR correctly calculated the legal regulated rent by taking the base rent (as of four years before the rent overcharge petition) and adding thereto all "subsequent lawful increases and adjustments" (Rent Stabilization Code [9 NYCRR] § 2526.1 [a] [3] [i]). Contrary to the court's finding, the subject rent registration statements were "proper" within the meaning of Rent Stabilization Law of 1969 (RSL) (Administrative Code of City of NY) § 26-517 (e). That provision...

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