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MATTER OF ESSEX HOUSE v. DIVISION OF HOUSING AND COMMUNITY RENEWAL

294 A.D.2d 437 (2002)

741 N.Y.S.2d 908

In the Matter of ESSEX HOUSE, Appellant, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided May 13, 2002.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contentions, the Division of Housing and Community Renewal (hereinafter the DHCR) properly rejected the comparable apartments the petitioner submitted in determining the tenant's fair market rent appeal. Even taking into consideration the recent amendments to Rent Stabilization Code (9 NYCRR) § 2522.3 (e), the comparable apartments submitted by the petitioner could not have been considered...

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