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

5 A.D.3d 303 (2004)

774 N.Y.S.2d 127

In the Matter of EDWARD BIANCHI et al., Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, and MAYFAIR YORK, LLC, et al., Intervenors-Appellants.

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

March 25, 2004.

The Supreme Court erred in overturning the DHCR determination and finding that the two nonadjacent apartments were not combined for purposes of the rent stabilization luxury decontrol laws. DHCR's determination was supported by substantial evidence that the tenants intended and in fact treated the units as a single household, notwithstanding separate leases, registrations and rent bills, and different tenants of record (see Matter of Noto v New York State Div. of Hous...

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