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20 FIFTH AVENUE, LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

109920/11.

109 A.D.3d 159 (2013)

970 N.Y.S.2d 25

2013 NY Slip Op 5434

In the Matter of 20 FIFTH AVENUE, LLC, Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Appellants.

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

Decided July 23, 2013.

Attorney(s) appearing for the Case

Gary R. Connor , New York City ( Dawn Ivy Schindelman of counsel), for New York State Division of Housing and Community Renewal, appellant.

Bardavid Law, New York City ( Joshua E. Bardavid of counsel), for 20 Fifth Avenue Tenants Association, appellant.

Belkin Burden Wenig & Goldman, LLP, New York City ( Magda L. Cruz , Sherwin Belkin and Phillip Billet of counsel), for respondent.

TOM, J.P., ANDRIAS and DEGRASSE, JJ., concur.

OPINION OF THE COURT

RENWICK, J.

In this appeal, we consider whether the New York State Division of Housing and Community Renewal (DHCR) is authorized to implement an apparently new policy to provide that when a building owner files a Major Capital Improvement (MCI) Application for exterior renovation (waterproofing and pointing), and defects (water damage) relating to the improvement are found in a relatively small number of the building's apartments, DHCR...

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