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MATTER OF SACK v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

250 A.D.2d 537 (1998)

673 N.Y.S.2d 420

In the Matter of Richard Sack et al., Appellants, v. New York State Division of Housing and Community Renewal, Respondent, and Charlotte Deutsch, Intervenor-Respondent

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

May 26, 1998

We agree with Supreme Court that the Commissioner's order, finding that petitioners' apartment was subject to the Rent Stabilization Law rather than the rent control laws, had a rational basis and was not arbitrary and capricious (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230-231). After the subject building's J-51 tax abatements expired in 1982, petitioners' apartment became decontrolled (see, 143-145...

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