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IN THE MATTER OF CAR BARN FLATS RESIDENTS ASSOCIATION v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

27 A.D.3d 240 (2006)

810 N.Y.S.2d 191

In the Matter of CAR BARN FLATS RESIDENTS ASSOCIATION et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

March 7, 2006.

Contrary to petitioners' argument, it has long been held that the conservation of energy is a compelling need to be considered by respondent and its predecessor agency when making determinations regarding rent stabilization and electrical conversions. Accordingly, this factor was properly considered by respondent and did not render its determination ultra vires or arbitrary and capricious.

The amendments to the Code demonstrate that respondent's determination regarding...

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