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IN THE MATTER OF HIGHLAWN ASSOCIATES, LLC, appellant, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL, respondent.

DECISION ORDER

ORDERED that the judgment is reversed, on the law, with costs, the petition is granted, and the determination is annulled.

It was improper for the New York State Division of Housing and Community Renewal to consider the rental history of the landlord's rent-stabilized building beyond the four-year period measured from the date of the tenant's filing of his rent overcharge complaint ( see New York City Administrative Code § 26-516[a][2]; CPLR 213-a). Rental history outside that four-year period, including a rent reduction order, does not become reviewable simply because the landlord files an application to restore rent within that four-year period ( see generally Matter of McCarthy v. New York State Div. of Hous. Community Renewal, 290 A.D.2d 313).

FLORIO, J.P., FEUERSTEIN, CRANE and RIVERA, JJ., concur.

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IN RE HIGHLAWN ASSOC. v. DIVISION OF HSG
(Oct 6, 2003)