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Matter of Riggin v. Dept. of Hous. & Comm. Renewal

Court Remits Proceeding Back to DHCR as PAR Misapplied Relevant Case Law

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For a Judgment Pursuant to Article 78 of the Civil Practice Law and RulesDECISION & ORDER

*1 The cross-motion by respondent Department of Housing and Community Renewal (“DHCR”) to remit this proceeding back to that agency for further consideration is granted.BackgroundThis illusory tenancy proceeding arises out of petitioner’s residency at 423 East 64th Street, New York, New York. Petitioner claims that she moved into an apartment at this premises in 2006 after signing a lease with respondent Chin-Sang, whom she believed to be the owner. When she moved in, petitioner lived with a roommate, Manisha Panwala, who was already living in the apartment.Petitioner insists that beginning in Fall 2008, she took responsibility for paying rent to Chin-Sang-petitioner’s roommates would pay her and she would make the full rent payment to Chin-Sang. Petitioner eventually discovered that the prime tenant for the apartment was

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