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MATTER OF VARIOUS TENANTS OF 40-66 ITHACA ST. v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

238 A.D.2d 599 (1997)

657 N.Y.S.2d 78

In the Matter of Various Tenants of 40-66 Ithaca Street et al., Appellants, v. New York State Division of Housing and Community Renewal et al., Respondents

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

April 28, 1997

Ordered that the judgment is affirmed, with costs.

In the absence of evidence of a failure to maintain required services, the building owner was entitled to a major capital improvement rent increase for the installation of thermal windows and a new compactor (see, 9 NYCRR 2522.4 [a] [2], [13]). Thus, the Deputy Commissioner's determination was neither arbitrary nor capricious (see, Matter of Ansonia Residents Assn. v New York State Div. of Hous. ...

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