IN THE MATTER OF GOLDMAN v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL


6 A.D.3d 197 (2004)

774 N.Y.S.2d 151

In the Matter of LLOYD GOLDMAN et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

April 6, 2004.


The determination is rationally supported by the rent history of other apartments in the subject building that are in the same line and otherwise comparable to the subject apartment. The rental history of apartments in different lines was rationally rejected on the basis of DHCR records showing that such apartments consist of three rooms, not two as in the case of the subject apartment (see Matter of Axelrod Mgt. Co. v Conciliation & Appeals Bd. of City of N.Y.,

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