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MATTER OF IG SECOND GENERATION PARTNERS L.P. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, OFFICE OF RENT ADMINISTRATION

34 A.D.3d 379 (2006)

825 N.Y.S.2d 452

In the Matter of IG SECOND GENERATION PARTNERS L.P. et al., Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, OFFICE OF RENT ADMINISTRATION, Appellant, and DRU ARSTARK, Intervenor-Appellant.

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

Decided November 30, 2006.

DHCR's determination to cancel rent arrears owed by Arstark, following dismissal of her FMRA wherein DHCR found the rent called for in the lease was less than fair market value, was without rational basis (see Matter of Verbalis v New York State Div. of Hous. & Community Renewal, 1 A.D.3d 101, 107 [2003]), or was arbitrary and capricious (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale...

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