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IN THE MATTER OF 301 WEST 111TH OWNERS, LLC v. DIVISION OF HOUSING AND COMMUNITY RENEWAL

7 A.D.3d 282 (2004)

776 N.Y.S.2d 55

IN THE MATTER OF 301 WEST 111TH OWNERS, LLC, Appellant, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

May 6, 2004.

The determination to reduce the rent for failure to supply adequate heat for 1 ½ months in the middle of winter had a rational basis (Administrative Code of City of NY § 26-514) and was not arbitrary and capricious (Matter of 258 Riverside Dr. Co. v New York State Div. of Hous. & Community Renewal, 172 A.D.2d 469 [1991]). The evidence before the Rent Administrator showed that the City's Department of Housing Preservation...

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