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


290 A.D.2d 280 (2002)

736 N.Y.S.2d 309

In the Matter of ANNE GILMAN, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, et al., Respondent.

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

Decided January 15, 2002.


Petitioner moved into a recently decontrolled apartment on Manhattan's Upper West Side in May 1990, at the newly stabilized rate of $2,075 per month. On notice of her right to challenge this initially stabilized rent, petitioner filed a fair market rent appeal (FMRA) with DHCR in June of that year. The agency failed to notify the landlord of this complaint until May 1992. At this point, the landlord, noting that the rent had already been adjusted downward to $1,900 in May...

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