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

4621, 100906/14.

154 A.D.3d 463 (2017)

62 N.Y.S.3d 331

2017 NY Slip Op 07089

In the Matter of MARISOL REALTY CORP., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided October 10, 2017.

DHCR's denial of the PAR had a rational basis and was neither arbitrary nor capricious. Documentary evidence submitted by the tenant established that the building, which was constructed before 1974, had at least six housing accommodations, and was therefore subject to rent stabilization (see 9 NYCRR 2520.11 [d]; see Wilson v One Ten Duane St. Realty Co., 123 A.D.2d 198 [1st Dept...

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