Opinion
October 4, 1990
Appeal from the Supreme Court, New York County (Martin Stecher, J.).
Petitioner owner invites this court to overrule its determination in Matter of Lavanant v. State Div. of Hous. Community Renewal ( 148 A.D.2d 185), holding that the respondent agency may rationally require a complete rental history for rent overcharge cases filed prior to April 1, 1984, and urges adoption of the Second Department's contrary holding in Matter of J.R.D. Mgt. Corp. v. Eimicke ( 148 A.D.2d 610). We decline to do so, as we have in several recent cases (see, e.g., Matter of East 55th St. Joint Venture v. Division of Hous. Community Renewal, 162 A.D.2d 305; Matter of 3505 Broadway Realty Corp. v. New York State Div. of Hous. Community Renewal, 158 A.D.2d 347). The Division of Housing and Community Renewal would have had the option of choosing retroactive application of the less stringent requirements of the 1983 Omnibus Housing Act, if it had seen fit (see, Matter of St. Vincent's Hosp. Med. Center v. New York State Div. of Hous. Community Renewal, 109 A.D.2d 711, 712, affd 66 N.Y.2d 959), but it was not obliged to do so. An administrative agency is bound by prior determinations only where "the existence of sufficient factual similarity" between the two cases requires it (Matter of Field Delivery Serv. [Roberts], 66 N.Y.2d 516, 521). Such is not the case here.
We have considered petitioner's other arguments and find them to be without merit.
Concur — Murphy, P.J., Carro, Ellerin, Wallach and Smith, JJ.