MATTER OF GATTIBONI v. APONTE

As the complaint was instituted prior to April 1, 1984, the effective date of the revised statute (Administrative Code of City of N Y § 26-516 [g]), there was a rational basis for the agency to require production of a complete rental history to June 30, 1974 (Matter of Lavanant v State Div. of Hous. Community Renewal, 148 A.D.2d 185). Further, as petitioner failed to prove the rent overcharge was not willful by a preponderance of the evidence, respondent properly imposed treble damages (Rent Stabilization Code [9 N.Y.CRR] § 2526.1 [a] [1]). Finally, as petitioner was provided with notices setting forth procedures and penalties, and an opportunity to be heard, there was no violation of due process.

Concur — Sullivan, J.P., Wallach, Ross and Asch, JJ.