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MATTER OF LONDON TERRACE ASSOCIATES, L.P. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

273 A.D.2d 13 (2000)

710 N.Y.S.2d 245

In the Matter of LONDON TERRACE ASSOCIATES, L.P., Respondent-Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and HELENE ZAREMBER et al., Intervenors-Appellants-Respondents. In the Matter of HELENE ZAREMBER, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and LONDON TERRACE ASSOCIATES, L.P., Intervenor-Respondent-Appellant.

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

Decided June 1, 2000.

The record demonstrates that the determination of respondent agency granting, only in part, the owner's application for a major capital improvement rent increase was rationally based and, accordingly, may not be disturbed (see, Matter of Ansonia Residents Assn. v New York State Div. of Hous. & Community Renewal, 75 N.Y.2d 206, 213; Matter of Nestor v New York State Div. of Hous. & Community Renewal,

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