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MATTER OF 125 ST. JAMES PLACE LLC v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

5577. 100219/16.

158 A.D.3d 417 (2018)

67 N.Y.S.3d 817

2018 NY Slip Op 00614

In the Matter of 125 ST. JAMES PLACE LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

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

Decided February 1, 2018.

DHCR's determination of a rent overcharge was rationally based and neither arbitrary nor capricious, based upon its rejection of petitioner owner's documentation of claimed improvements (see Matter of Graham Ct. Owners Corp. v Division of Hous. & Community Renewal, 71 A.D.3d 515 [1st Dept 2010]; Matter of 985 Fifth Ave. v State Div. of Hous. & Community Renewal, ...

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