Opinion
December 29, 1992
Appeal from the Supreme Court, New York County (Martin B. Stecher, J.).
As the complaint was instituted prior to April 1, 1984, the effective date of the revised statute (Administrative Code of City of N Y § 26-516 [g]), there was a rational basis for the agency to require production of a complete rental history to June 30, 1974 (Matter of Lavanant v State Div. of Hous. Community Renewal, 148 A.D.2d 185). Further, as petitioner failed to prove the rent overcharge was not willful by a preponderance of the evidence, respondent properly imposed treble damages (Rent Stabilization Code [9 N.Y.CRR] § 2526.1 [a] [1]). Finally, as petitioner was provided with notices setting forth procedures and penalties, and an opportunity to be heard, there was no violation of due process.
Concur — Sullivan, J.P., Wallach, Ross and Asch, JJ.