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MATTER OF BANDIL FARMS INC. v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

260322/19. Appeal No. 12569. Case No. 2019-05408.

190 A.D.3d 403 (2021)

140 N.Y.S.3d 13

2021 NY Slip Op 00002

In the Matter of Bandil Farms Inc., Appellant, v. New York State Division of Housing and Community Renewal, Respondent.

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

Decided January 5, 2021.

Attorney(s) appearing for the Case

Law Office of Jeffrey F. Cohen, Bronx ( Jeffrey F. Cohen of counsel), for appellant.

Mark F. Palomino , New York ( Sandra A. Joseph of counsel), for respondent.

Concur—Acosta, P.J., Gische, Oing, González, Kennedy, JJ.

DHCR's determination of a rent overcharge based upon the inclusion of an "on-time" provision in the tenant's rent stabilized lease was rationally based and was not arbitrary and capricious (see Matter of 333 E. 49th Partnership, LP v New York State Div. of Hous. & Community Renewal, 165 A.D.3d 93, 101 [1st Dept 2018], lv denied 33 N.Y.3d 908 [2019]). The Rent Administrator (RA) properly set the legal regulated rent for...

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