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IN THE MATTER OF 333 EAST 49TH ASSOCIATES, LP v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, OFFICE OF RENT ADMINISTRATION

9 N.Y.3d 982 (2007)

879 N.E.2d 158

849 N.Y.S.2d 19

In the Matter of 333 EAST 49TH ASSOCIATES, LP, et al., Appellants, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, OFFICE OF RENT ADMINISTRATION, Respondent.

Court of Appeals of the State of New York.

Decided November 27, 2007.

Attorney(s) appearing for the Case

Shaw and Binder, New York City (Robert H. Gordon of counsel), for appellants.

Gary R. Connor, New York City, and Jeffrey G. Kelly for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO and JONES concur; Judges READ, SMITH and PIGOTT dissent and vote to reverse for the reasons stated in the dissenting memorandum by Justice George D. Marlow at the Appellate Division (, 517-520 [2007]).

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

A rational basis exists for the Division of Housing and Community Renewal's determination that petitioners failed to maintain adequate janitorial services warranting a rent reduction (see Matter of Gilman v New York State Div. of Hous. & Community Renewal, 99 N.Y.2d 144, 149 [2002]). The determination...

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