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In the Matter of THOMAS WINSTON et al., Appellants, v. LESLIE TORRES, Deputy Commissioner, State of New York Di

Since HPD "set the initial rents for the subject apartment[] following renovations that were financed in part with a Private Housing Finance Law loan from HPD, respondent New York State Division of Housing and Community Renewal . . . was without authority to review petitioners' challenges to those rents . . . If petitioners wished to challenge the initial postrenovation rents set by HPD, . . . the proper course would have been to proceed . . . against HPD" ( Matter of Ahmed v New York State Div. of Hous. Community Renewal, Off. of Rent Control, 15 AD3d 216). The other relief sought by petitioners, such as a forensic accounting, was not requested before the agency and thus may not be requested from the courts ( see CPLR 7803).

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THOMAS WINSTON v. LESLIE TORRES
(May 13, 2010)