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MATTER OF 445 EAST 80TH STREET TENANTS ASSOCIATION v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

10319, 110389/11.

107 A.D.3d 467 (2013)

967 N.Y.S.2d 335

2013 NY Slip Op 4283

In the Matter of 445 EAST 80TH STREET TENANTS ASSOCIATION, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and CLERMONT YORK ASSOCIATES, Intervenor-Respondent.

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

Decided June 11, 2013.

DHCR's finding, that other than a few apartments where defective window installations were found, the remaining apartments were subject to an MCI rent increase based on the window installations, was rational (see Matter of Ansonia Residents Assn. v New York State Div. of Hous. & Community Renewal, 75 N.Y.2d 206, 213-214 [1989]). The record contains no objective evidence of pervasive defects and thus no basis to deny the rent...

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