REZPLEX, L.L.C. v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT

2028, 260123/08

76 A.D.3d 802 (2010)

907 N.Y.S.2d 208

REZPLEX, L.L.C., Appellant, v. NEW YORK CITY Department of Housing Preservation and Development et al., Respondents.

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

Decided September 7, 2010.


Denial of petitioner's protest of the charges and lien imposed for the emergency repair of a condition on its property was arbitrary and capricious, as the record establishes that petitioner never owned the retaining wall in question, nor the property under it, and had no responsibility to maintain or repair the wall. Respondent Department of Housing Preservation and Development (HPD) may require owners of real property to maintain and repair their property (Administrative...

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