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MATTER OF TERRACE COURT, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

1944, 100449/08.

79 A.D.3d 630 (2010)

914 N.Y.S.2d 43

In the Matter of TERRACE COURT, LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent. ROBERT KATEL et al., Intervenors-Respondents.

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

Decided December 28, 2010.

In May 2004, petitioner applied to the Division of Housing and Community Renewal (DHCR) for an MCI increase after performing work on the outside of the building that included pointing, waterproofing and masonry. Petitioner sought a monthly increase of $42.58 per room based on a claimed project cost of $1,207,853. Shortly after petitioner filed the application, three tenants objected to it, claiming that water continued to infiltrate into their apartments. The tenants' association...

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