MATTER OF GONZALEZ v. DIVISION OF HOUSING AND COMMUNITY RENEWAL OF THE STATE OF NEW YORK

Nos. 7722, 400151/08, 1863.

95 A.D.3d 681 (2012)

943 N.Y.S.2d 889

2012 NY Slip Op 3951

In the Matter of ISABELITA GONZALEZ, Appellant, et al., Petitioner, v. DIVISION OF HOUSING AND COMMUNITY RENEWAL OF THE STATE OF NEW YORK, Respondent, et al., Respondents.

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

Decided May 22, 2012.


DHCR's determination was rationally based on the record and not arbitrary and capricious or contrary to law (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 230-231 [1974]). Indeed, the record supports DHCR's finding that the building had been substantially rehabilitated within the meaning of Rent Stabilization Code (9 NYCRR) § 2520...

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