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MATTER OF BENJAMIN SHAPIRO REALTY COMPANY v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

2 A.D.3d 220 (2003)

769 N.Y.S.2d 226

In the Matter of BENJAMIN SHAPIRO REALTY COMPANY, Appellant-Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Appellant.

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

December 11, 2003.

Respondent's determination reclassifying petitioner's building from a hotel to an apartment building is rationally based on petitioner's failure to show that it is providing requisite hotel services to at least 51% of the building's permanent tenants (Rent Stabilization Code [9 NYCRR] § 2521.3 [b]). DHCR's interpretation of the term "permanent tenant" as an occupant who, inter alia, has continuously resided in the building for...

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