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MATTER OF CHARLES BIRDOFF & CO. v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

204 A.D.2d 630 (1994)

612 N.Y.S.2d 418

In the Matter of Charles Birdoff & Co., Appellant, v. New York State Division of Housing and Community Renewal, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 23, 1994

Ordered that the judgment is affirmed insofar as appealed from, with costs.

Pursuant to the Rent Stabilization Code, an owner may not charge in excess of the established base rent plus applicable guideline increases, except under certain enumerated grounds, among which is the installation of new equipment or improvements with the consent of the tenant in occupancy. In the case of vacant housing accommodations, tenant consent is not required (9 NYCRR 2522.4 [a] [1...

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