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IN THE MATTER OF 900 W. END AVE. TENANTS ASSN. v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

3144.

2008 NY Slip Op 06277

IN RE 900 WEST END AVENUE TENANTS ASSOCIATION, ET AL., Petitioners-Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Appellant, ATLANTIC REALTY APARTMENTS CO., LLC, Intervenor-Respondent-Appellant.

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

Decided July 15, 2008.

Attorney(s) appearing for the Case

Gary R. Connor, New York (Christina S. Ossi of counsel), for DHCR, appellant.

Tuchman, Korngold, Weiss, Lippman & Gelles, LLP, New York (Jennifer Polovetsky of counsel), for Atlantic Realty Apartments Co., LLC, appellant.

Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York (David S. Hershey-Webb of counsel), for respondents.

Before: Tom, J.P., Friedman, Nardelli, Catterson, Moskowitz, JJ.

In a January 2000 order, DHCR's Rent Administrator granted landlord's application to substitute security services for those provided by five elevator operators. The order granted permission to replace two manually operated elevators with automatic units on condition that landlord install security cameras, a telephone system and storage lockers, which "installations" would not qualify for MCI rent increases. Tenants brought a Petition for Administrative Review (PAR), which...

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