Landlord-Tenant—Rent Overcharge Complaint—DHCR May Go Back More Than Four Years Where There Was Evidence of a Fraudulent Deregulation Scheme—Landlord Increased Rent by Restricting Rooms to “Transient” Tenants—Lease Provision Purporting to Exempt Apartment from Regulation, in Exchange or Agreement Not to Use Apartment for Primary Residence, Violates Public Policy and Is Void
A petitioner tenant, pursuant to CPLR Article 78, sought review of an administrative decision made by the NYS Divison of Housing and Community Renewal (DHCR) which denied the tenant’s petition for administrative review (PAR) of his rent overcharge claim. The court granted the petition, DHCR’s decision was vacated and the matter was remanded for further hearings consistent with the opinion.
