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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015)

Citation
Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015)
Parent Document
Conason v. Megan Holding, LLC, 25 N.Y.3d 1 (2015)
Jurisdiction
New York (state)
Effective Date
2015-02-24

Other Sections in This Document (58)

Full Text

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DHCR argued that Thornton should be limited to “the narrow set of circumstances described in that case . . . involving illusory tenancies” {id. at 366). We disagreed, and held that “where the overcharge complaint alleges fraud . . . DHCR has an obligation to ascertain whether the rent on the base date is a lawful rent,” and that DHCR had not met this obligation because “there existed substantial indicia of fraud on the record,” yet DHCR “blindly us[ed] the rent charged on the date four years prior to the filing of the rent overcharge claim” {id.). We cautioned that