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MATTER OF SCHAPER v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

298 A.D.2d 260 (2002)

748 N.Y.S.2d 378

In the Matter of JEFFREY SCHAPER et al., Appellants-Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Appellant, et al., Intervenor-Respondent.

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

Decided October 22, 2002.

Inasmuch as the administrative record contains evidence rationally supportive of so much of the challenged DHCR determination as allowed respondent landlord a rent increase based upon the landlord's improvements to the subject premises, that part of the challenged determination was properly left undisturbed by the IAS court (see Matter of Pell v Board of Educ., 34 N.Y.2d 222, 230-232). The IAS court, however, erred when it found...

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