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MATTER OF WE 223 RALPH LLC v. NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT

9539, 157148/16.

173 A.D.3d 436 (2019)

104 N.Y.S.3d 602

2019 NY Slip Op 04459

In the Matter of WE 223 Ralph LLC, Appellant, v. New York City Department of Housing Preservation and Development, Respondent.

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

Decided June 6, 2019.

HPD's denial of petitioner's emergency repair charge protests has a rational basis in the record and is not arbitrary and capricious (see Matter of Ward v City of Long Beach, 20 N.Y.3d 1042 [2013]). Petitioner contends that the notices of violation of the Housing Maintenance Code (Administrative Code of City of NY § 27-2002 et seq.) that led to HPD's posting of a fire guard at petitioner's building as an emergency measure...

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