In Re Application of Bridgeview Garden Apartments Llc

This is another installment in an epic landlord-tenant tussle. The odyssey began in 2002 upon the filing of rent overcharge complaints with the New York State Division of Housing and Community Renewal ("DHCR") by several tenants of petitioner Bridgeview Garden Apartments LLC ("Bridgeview"). Over the ensuing years, there have been litigation stops at DHCR, Housing Court, Civil Court, the Appellate Term and the four instant Article 78 proceedings originally brought by the landlord to challenge DHCRs rent overcharge determinations with respect to the tenancies of the individual respondent tenants. By a Decision and Order, dated September 9, 2004, this Court found that Bridgeview had failed to establish that DHCRs determinations in favor of the tenants were in any way arbitrary, capricious or unreasonable or that any of DHCRs conclusions of law were in any way erroneous. Each of the four petitions was, consequently, dismissed and the findings of rent overcharges by DHCR were sustained.