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170 Irving Avenue LLC v. Attalla

Court Defers to Administrative Agency In Determining High-Rent Vacancy Deregulation

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Recitation, as required by CPLR 2219(a)Notice of Motion and Affidavits Annexed 1Order to Show Cause and Affidavits Annexed 0Answering Affidavits 2Replying Affidavits 0Exhibits 3Stipulations 0Other 0Decision and Order

*1 In this summary non payment proceeding commenced in June 2017, Petitioners seeks to recover possession of Apartment 1L at 170 Irving Avenue, Brooklyn, New York (Apartment) on the ground that respondents failed to pay rent at $2,900 per month pursuant to a written rental agreement. Petitioner seeks $37,700.00 in rent arrears from June 2016 through June 2017. Respondent appeared by counsel and interposed an answer containing affirmative defenses and counterclaims.It is undisputed that around June 2016, a year prior to commencement of the within action, respondent filed an administrative rent overcharge complaint with the New York State Homes and Community Renewal (HCR) docket # EQ-210030-R seeking a determination challenging the apartment’s exemption under high rent vacancy deregulation, and rent overcharge.

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