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MATTER OF 925 D REALTY LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

4675, 103303/09.

85 A.D.3d 649 (2011)

925 N.Y.S.2d 822

2011 NY Slip Op 5550

In the Matter of 925 D REALTY LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided June 28, 2011.

Under the circumstances of this case, it was arbitrary and capricious for respondent to fail to recognize that the 2007 MCI was completely different from the 1991 MCI. Accordingly, we reverse and remand for further proceedings consistent herewith. To the extent there may be any overlap, no rent increase should be granted that duplicates the MCI rent increase in 1993.

GONZALEZ, P.J., dissents in a memorandum as follows:

I would affirm the judgment on the ground...

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