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MATTER OF 251 WEST 98TH STREET OWNERS, L.L.C. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

276 A.D.2d 265 (2000)

713 N.Y.S.2d 729

In the Matter of 251 WEST 98TH STREET OWNERS, L. L. C., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided October 3, 2000.

We reject the landlord's argument that prior, unreviewed administrative orders granting maximum base rent (MBR) increases and denying a decreased services complaint precluded DHCR's finding herein that certain class "C", i.e., immediately hazardous, violations of record against the property had not been corrected, and DHCR's denial of the landlord's MCI applications on that ground. First, DHCR's Commissioner should not be required to adopt unreviewed errors made by a Rent...

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