Velasquez v. New York State Division of Housing & Community Renewal, 130 A.D.3d 1045 (2015)

Citation: Velasquez v. New York State Division of Housing & Community Renewal, 130 A.D.3d 1045 (2015)
Parent Document: Velasquez v. New York State Division of Housing & Community Renewal, 130 A.D.3d 1045 (2015)
Jurisdiction: New York (state)
Effective Date: 2015-07-29
Original Source: https://www.courtlistener.com/opinion/6194996/velasquez-v-new-york-state-divi... ↗

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In 2008, the petitioner, a tenant in a residential apartment building owned by Steve Marrone and Josephine Marrone (hereinafter together the Marrones), filed an administrative complaint alleging a rent overcharge. The Rent Administrator of the New York State Division of Housing and Community Renewal (hereinafter the DHCR), determined that the petitioner was charged in excess of the legal regulated rent of $995.99 per month and imposed a penalty of treble damages. Subsequently, the Marrones filed a petition for administrative review (hereinafter PAR). In a determination dated March 31, 2011, the Deputy Commissioner of the DHCR (hereinafter the Deputy Commissioner) modified the Rent Administrator’s determination by eliminating treble damages. Upon reconsideration of the PAR, however, in a determination dated January 17, 2013, the Deputy Commissioner modified the Rent Administrator’s determination by recalculating the legal regulated rent for the apartment to be $1,200 per month, thereby reducing the rent overcharge total, and confirmed the imposition of a penalty of treble damages for the overcharges during the period of November 2008 through December 2009.

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