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

11551. 158741/18.

183 A.D.3d 500 (2020)

122 N.Y.S.3d 515

2020 NY Slip Op 02982

In the Matter of Sutton Associates, Appellant, v. New York State Division of Housing and Community Renewal, Respondent.

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

Decided May 21, 2020.


DHCR's interpretation of Rent Stabilization Code (9 NYCRR) § 2522.4(a)(8) to mean that an owner must file an MCI rent increase application within two years of the physical completion of the MCI work, which includes completion of the contract work but not minor subsequent remedial measures, is not irrational or unreasonable, and we therefore defer to it (see Matter of Metropolitan Life Ins. Co. v New York State Div. of Hous. & Community Renewal,

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