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Herman v. New York State Division of Housing & Community Renewal
Citations: 239 A.D.2d 305; 658 N.Y.S.2d 856; 1997 N.Y. App. Div. LEXIS 5728
Court: Appellate Division of the Supreme Court of the State of New York; May 29, 1997; New York; State Appellate Court
The Supreme Court of New York County, under Justice Leland DeGrasse, issued a judgment on April 26, 1996, denying the landlord's application for annulment of the respondent's determination regarding a rent overcharge and the imposition of treble damages. The court unanimously affirmed the dismissal of the petition, citing that the respondent had a rational basis for its findings. The landlord failed to provide a credible rent history despite having sufficient opportunity, which justified the use of a default formula for determining the legal regulated rent. Additionally, the landlord did not demonstrate the non-willfulness of the rent overcharge, which warranted the imposition of treble damages. The court found the landlord's other arguments to be without merit. The decision was concurred by Justices Rosenberger, Ellerin, Rubin, Williams, and Andrias.