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MATTER OF RESIDENTIAL MGMT. v. DIV. OF HOUS. & CMTY. RENEWAL

234 A.D.2d 154 (1996)

651 N.Y.S.2d 32

In the Matter of Residential Management, Appellant, v. Division of Housing and Community Renewal, Respondent

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

December 17, 1996

Rent Stabilization Code (9 NYCRR) § 2522.4 (a) (13) makes it discretionary with respondent either to deny an MCI application when the applicant is not maintaining all required services or to grant the application on condition that such services will be restored within a reasonable period of time. Inasmuch as respondent's determination not to grant a conditional increase fell well within its discretion, and was rationally based...

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