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MATTER OF WHITMAN v. STATE OF NEW YORK DIV. OF HOUS. & COMMUNITY RENEWAL

10982.

180 A.D.3d 469 (2020)

115 N.Y.S.3d 666

2020 NY Slip Op 00981

In the Matter of Brook D. Whitman, Appellant, v. State of New York Division of Housing and Community Renewal et al., Respondents.

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

Decided February 11, 2020.

DHCR's denial of petitioner's challenge to the upward adjustment of his rent was not arbitrary and capricious (Matter of Peckham v Calogero, 12 N.Y.3d 424, 431 [2009]). Petitioner does not dispute that respondent landlord made all certifications required for MBR eligibility (9 NYCRR 2202.3[b][2]; [h]). An audit of the building was not required, as "[t]he extent to which the agency exercises...

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