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

22 A.D.3d 393 (2005)

802 N.Y.S.2d 361

In the Matter of GEORGE PAVIA, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

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

October 25, 2005.

The record supports DHCR's finding that petitioner failed to demonstrate, in accordance with the substantial rehabilitation criteria of DHCR Operational Bulletin 95-2, that the building was in substandard or seriously deteriorated condition, and that at least 75% of the building-wide and apartment systems had been totally replaced. Inasmuch as DHCR's decision to deny petitioner a substantial rehabilitation exemption from rent stabilization was rationally based and not arbitrary...

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