In holding that HPD's refusal to approve Donna Levin as a tenant-stockholder of Whitman was arbitrary and capricious, the IAS court directed that, "unless there is some other reason for disapproving Donna Levin", respondent Whitman was required forthwith to permit and facilitate the transfer of the stock and occupancy agreement referable to the subject apartment to her and to permit her to occupy the apartment. Implicit in the court's decision is the finding that regardless...
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