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MATTER OF APAR REALTY CO. v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL

286 A.D.2d 274 (2001)

729 N.Y.S.2d 135

In the Matter of APAR REALTY CO., Appellant, v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided August 23, 2001.

Supreme Court properly dismissed the petition since DHCR's determination was rationally based (see, Matter of Colton v Berman, 21 N.Y.2d 322, 329). Although the agency had previously authorized petitioner's inclusion of MCI increases in the base rent, petitioner's rent ledger does not indicate that such increases were in fact collected. While petitioner's ledger indicates deficits in the tenant's rent payments, none of these deficits...

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