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MATTER OF BRONX BOYNTON AVENUE LLC v. NEW YORK STATE DIVISION OF HOUSING & COMMUNITY RENEWAL

5829. 260718/15.

158 A.D.3d 589 (2018)

71 N.Y.S.3d 472

2018 NY Slip Op 01287

In the Matter of BRONX BOYNTON AVENUE LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING & COMMUNITY RENEWAL et al., Respondents.

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

Decided February 27, 2018.

DHCR's denial of the PAR had a rational basis and was not arbitrary and capricious. The finding that the alleged individual apartment improvements (IAIs) did not justify the rent increase pursuant to Rent Stabilization Code (9 NYCRR) § 2522.4 (a) (1), which "is entitled to deference if not irrational or unreasonable" (Matter of Ansonia Residents Assn. v New York State Div. of Hous. & Community Renewal, 75 N.Y.2d 206, 213...

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