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MATTER OF HERTZ CO. R.E. INC. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

295 A.D.2d 179 (2002)

743 N.Y.S.2d 707

In the Matter of HERTZ CO. R.E. INC., 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 June 13, 2002.

It is not irrational for respondent to base hardship increases (NY City Rent and Eviction Regulations [9 NYCRR] § 2202.8) in favor of owners of cooperative shares on the income and expenses not of the particular shareholder seeking such an increase but rather of the entire building (see, Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230-231). As the motion court noted, "a narrow...

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