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

2 A.D.3d 218 (2003)

769 N.Y.S.2d 32

In the Matter of DAVID ELGART et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and SIXTY-SECOND II, LLC, Intervenor-Respondent.

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

December 11, 2003.

There was evidence to support the finding that the use of three rooms on the tenth floor for storage, by these sixth-floor tenants, was clearly service-related, as opposed to residential in nature. The landlord's relocation of petitioners' storage area to a space with similar characteristics in the basement was an appropriate substitution of services (Rent Stabilization Code [9 NYCRR] § 2522.4 [e]). The agency's approval of that substitution was not an irrational application...

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