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IN RE APPLICATION OF READS DEVELOPMENT CO. LLC, PETITIONER-APPELLANT, FOR A JUDGMENT, ETC., v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, RESPONDENT-RESPONDENT.

The court correctly determined that DHCR reasonably applied the four-year rent history review limitation of the New York Rent Regulation Reform Act of 1997 (RRRA), which limitation is to be applied to any action or proceeding in any court or any application, complaint or proceeding before an administrative agency, as of the Act's effective date of June 19, 1997 (see,Zafra v. Pilkes, 245 A.D.2d 218, 219). DHCR's application of the RRRA limitation was consistent with the Act's policy and intent, notwithstanding the absence of an overcharge complaint respecting the subject apartment.

Petitioner's claim that the relevant four -year rent history demonstrated a preferential rent is unsupported.

We have reviewed petitioner's remaining claims, and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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IN RE APPLN. OF READS DEV. v. N Y STATE DIV
(Apr 12, 2001)