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IN THE MATTER OF CONDO UNITS, LP v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

4 A.D.3d 424 (2004)

771 N.Y.S.2d 380

In the Matter of CONDO UNITS, LP, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

February 9, 2004.

Ordered that the judgment is affirmed, with costs.

Contrary to the landlord's contention, the determination of the New York State Division of Housing and Community Renewal (hereinafter the DHCR) to award the tenant treble damages for rent overcharges was not arbitrary and capricious, and had a rational basis (see Matter of Pell v Board of Educ., 34 N.Y.2d 222 [1974]; Matter of 47-40 41st Realty Corp. v New York State Div...

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