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MATTER OF KEW GARDENS ASSOCIATES, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

32 A.D.3d 940 (2006)

820 N.Y.S.2d 808

In the Matter of KEW GARDENS ASSOCIATES, LLC, 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.

September 19, 2006.

Ordered that the judgment is affirmed, with costs.

The determination of the New York State Division of Housing and Community Renewal confirming the Rent Administrator's denial of that portion of the petitioner's application which was for a major capital improvement rent increase relating to parking lot resurfacing was not arbitrary and capricious and is supported by a rational basis in the record (see 9 NYCRR 2522.4 [a] [2] [i] [c], [d]; Matter of Ansonia...

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