MATTER OF THE 60 EAST 12TH STREET TENANTS' ASSOCIATION v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

101393/13, 101384/13, 15624, 15625.

134 A.D.3d 586 (2015)

23 N.Y.S.3d 40

2015 NY Slip Op 09388

In the Matter of THE 60 EAST 12TH STREET TENANTS' ASSOCIATION et al., Respondents, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and 12 BROADWAY REALTY LLC, Appellant. IN THE MATTER OF 12 BROADWAY REALTY LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and THE 60 EAST 12th STREET TENANTS' ASSOCIATION et al., Intervenors-Respondents.

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

Decided December 29, 2015.


Owner applied for an MCI rent increase on or about November 13, 2007, claiming, among other things, that it expended $1,931,013.69 on resurfacing the exterior brick walls of its apartment building. DHCR's Rent Administrator denied this application, insofar as relevant on appeal, on October 9, 2009. Among other things, the Rent Administrator disapproved the claimed work on the ground that the useful life of prior such work had not...

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