Opinion
January 5, 1993
Appeal from the Supreme Court, Bronx County (Barry Salman, J.).
We have already determined that a rational basis exists for finding a garage rent overcharge and applying it to "all tenants of the building for whom garage service was provided in connection with the leasing or use of their apartment" (Matter of Netherland Operating Corp. v. Eimicke, 135 A.D.2d 352, 353, lv denied 71 N.Y.2d 802). The resulting 84 compliance orders, which were reviewed in the consolidated PAR challenged in this proceeding, similarly have a rational basis. The owner failed to disprove willful overcharge (see, Matter of Metz v Division of Hous. Community Renewal, 113 A.D.2d 758).
We have considered the owner's remaining arguments and find them to be without merit.
Concur — Sullivan, J.P., Carro, Wallach and Asch, JJ.