IN THE MATTER OF HAWTHORNE GARDENS, LLC v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL


4 A.D.3d 135 (2004)

771 N.Y.S.2d 347

In the Matter of HAWTHORNE GARDENS, LLC, Appellant, v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

February 10, 2004.


Respondent's determination of a rent overcharge and miscalculation of base rent was not arbitrary and capricious, since it was based on a registered rent figure provided by petitioner for the year in question, the same figure utilized by petitioner in its computations for vacancy and longevity increases. Petitioner failed to present any evidence of actual rents collected or other data to substantiate its higher base rent claim. There is no reason to disturb respondent's evaluation...

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