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HARDING v. CALOGERO

45 A.D.3d 363 (2007)

845 N.Y.S.2d 283

WILLIAM HARDING et al., Appellants, et al., Petitioner, v. JUDITH CALOGERO, as Commissioner of the New York State Division of Housing and Community Renewal, Respondent, and 207 REALTY ASSOCIATES, LLC, Intervenor-Respondent.

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

Decided November 13, 2007.

The agency determination to increase petitioners' maximum rents (see 9 NYCRR 2202.3 [a] [1]; 2202.7) had a rational basis (see Matter of Ansonia Residents Assn. v New York State Div. of Hous. & Community Renewal, 75 N.Y.2d 206 [1989]). DHCR's methodology for computing comparable regulated rents in the area was neither arbitrary nor capricious. That the calculation could have been performed differently is of no moment,...

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