Opinion
January 31, 1991
Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).
Petitioner is the owner of 210 West 101st Street. Prior to April 1, 1984 the tenant of apartment 15E filed a rent overcharge complaint. DHCR directed the owner to roll back the rent by approximately $400 per month, and determined a refund was due the tenant of $33,817.57.
Petitioner's request that this court overrule its determination in Matter of Lavanant v State Div. of Hous. Community Renewal ( 148 A.D.2d 185) has been rejected numerous times and does not warrant serious consideration. (See, e.g., Matter of Jemrock Realty Co. v Division of Hous. Community Renewal, 166 A.D.2d 222. ) Furthermore, DHCR's processing of the tenant's rent overcharge complaint as a fair market rent challenge was neither arbitrary nor capricious; the tenant, at the time she initially filed her papers, was unaware that she was the first rent-stabilized tenant.
Concur — Sullivan, J.P., Carro, Rosenberger, Ellerin and Kupferman, JJ.