Opinion
April 21, 1987
Appeal from the Supreme Court, New York County (Alvin F. Klein, J.).
Although Special Term correctly held that section 43 of the Omnibus Housing Act could not be applied to reclassify petitioner's premises prior to the law's effective date (Matter of Berkeley Kay Corp. v New York City Conciliation Appeals Bd., 68 N.Y.2d 851, 854, supra), it is apparent that numerous tenant complaints concerning petitioner's failure to provide hotel services at the subject premises have been filed with the DHCR. These complaints should be processed on an individual basis by the DHCR pursuant to Amended Code of the Metropolitan Hotel Industry Stabilization Association, Inc. § 33 (g) and adjustments made where appropriate. (Supra, at 854-855.)
Concur — Murphy, P.J., Sandler, Carro, Asch and Rosenberger, JJ.