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KSLM-COLUMBUS APTS. v. DHCR

6 A.D.3d 28 (2004)

772 N.Y.S.2d 665

In the Matter of KSLM-COLUMBUS APARTMENTS, INC., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and WESTGATE TENANTS ASSOCIATION et al., Intervenors-Respondents.

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

February 26, 2004.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C. (Nicholas Kamillatos and Blaine Z. Schwadel of counsel), for appellant.

Eliot Spitzer, Attorney General (Oren L. Zeve and Marion R. Buchbinder of counsel), for respondent.

Himmelstein, McConnell, Gribben, Donoghue & Joseph (Kevin R. McConnell, Mary Traynor, Serge Joseph and William J. Gribben of counsel), for intervenors-respondents.

MAZZARELLI, SULLIVAN, ROSENBERGER and LERNER, JJ., concur.

OPINION OF THE COURT

NARDELLI, J.P.

In this appeal we are called upon to review respondent New York State Division of Housing and Community Renewal's determination that, following petitioner KSLM-Columbus Apartments, Inc.'s exit from the Mitchell-Lama program in March 1998, its housing accommodations, which were constructed prior to 1969, became subject to rent stabilization by virtue of the Rent Stabilization Law of 1969, rather than the Emergency Tenant...

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