MATTER OF HELLER REALTY v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

Docket No. 102833/12, Motion Seq. No. 001.

2013 NY Slip Op 31582(U)

In the Matter of the Application of HELLER REALTY, Petitioner, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, v. NEW YORK STATE DIVISION OF HOUSING COMMUNITY RENEWAL, Respondent, and TONI LEVI, Intervenor-Respondent.

Supreme Court, New York County.

July 15, 2013.


ALICE SCHLESINGER, Judge.

It is ordered that this Article 78 proceeding is denied and the proceeding is dismissed in accordance with the accompanying Memorandum Decision.

The issue in this case is whether respondent New York State Division of Housing and Community Renewal (DHCR) properly determined the effective date of a rent increase it granted to the owner based on certain major capital improvements (MCI) completed at the building. The petitioner here is...

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