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MATTER OF MUNK v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

45 A.D.3d 390 (2007)

845 N.Y.S.2d 303

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

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

Decided November 15, 2007.

The administrative determination that the fair market rent for the subject apartment exceeded $2,000 per month, thus exempting it from rent regulation (Rent Stabilization Code [9 NYCRR] § 2520.11 [r] [4]), had a rational basis in the record and was not an abuse of discretion, nor was it arbitrary or capricious. A review of the record reveals that respondent owners provided adequate documentation for the improvements they made...

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