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MATTER OF WAGES v. STATE OF N.Y. STATE DIV. OF HOUS. & COMMUNITY RENEWAL

11780. 101186/16.

185 A.D.3d 446 (2020)

125 N.Y.S.3d 277

2020 NY Slip Op 03851

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

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

Decided July 9, 2020.

The court correctly concluded that DHCR's grant of the owner's MCI application based on new carpeting throughout the building has a rational basis in the record and is not arbitrary and capricious (see generally Matter of 900 W. End Ave. Tenants Assn. v New York State Div. of Hous. & Community Renewal, 53 A.D.3d 436, 438 [1st Dept 2008]; Matter of West Vil. Assoc. v Division of Hous. & Community Renewal,

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