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IN THE MATTER OF BERMAN v. STATE OF NEW YORK DIV. OF HOUS. AND COMMUNITY RENEWAL

2608, 260535/07

72 A.D.3d 547 (2010)

898 N.Y.S.2d 839

In the Matter of ZACHARY M. BERMAN, Appellant, v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided April 22, 2010.

DHCR's determination was not arbitrary and capricious, as it correctly determined that because petitioner's lease was not a renewal lease, the legal regulated rent was $1,600 per month, that is, the rent charged on the base date, which was four years prior to the filing of the rent overcharge complaint on December 1, 2006 (see Rent Stablization Law of 1969 [Administrative Code of City of NY] § 26-516 [a] [2]; Rent Stablization Code [9 NYCRR] § 2526.1 [a]...

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