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Winston v. Torres

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


May 13, 2010

IN RE THOMAS WINSTON, ET AL., PETITIONERS-APPELLANTS,
v.
LESLIE TORRES, DEPUTY COMMISSIONER, STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL, ETC., RESPONDENT-RESPONDENT.

Judgment, Supreme Court, New York County (Jane S. Solomon, J.), entered April 9, 2009, dismissing this article 78 proceeding to challenge respondent's determination, dated May 9, 2008, which, inter alia, upheld the rent established for petitioners' apartment by the New York City Department of Housing Preservation and Development (HPD), unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Andrias, J.P., Catterson, Renwick, Richter, RomÁn, JJ.

109389/08

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 [2005]). 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).

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

20100513

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