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MATTER OF 219 W. 81ST RESIDENTIAL HOLDINGS, LLC v. NEW YORK STATE DIV. OF HOUS. AND COMMUNITY RENEWAL

Index No. 161989/19. Appeal No. 13518. Case No. 2020-02478.

193 A.D.3d 444 (2021)

141 N.Y.S.3d 702

2021 NY Slip Op 02091

In the Matter of 219 West 81st Residential Holdings, LLC, Appellant, v. New York State Division of Housing and Community Renewal et al., Respondents.

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

Decided April 6, 2021.

Attorney(s) appearing for the Case

Rosenberg & Estis, P.C., New York ( Jeffrey Turkel of counsel), for appellant.

Mark F. Palomino , New York ( Anita Shia of counsel), for New York State Division of Housing and Community Renewal, respondent.

Himmelstein, McConnell, Gribben, Donoghue & Joseph LLP, New York ( William Gribben of counsel), for 219 W. 81st Tenants Assoc., respondent.

Concur—Gische, J.P., Kapnick, Oing, Moulton, JJ.

DHCR's determination that several windows in the hallways on six different floors were not repaired after it ordered rent reductions due to 25 defective windows and that the condition was not de minimis because the windows were "in areas used by tenants" (9 NYCRR 2202.16[g][25]; 2523.4[e][25]) was not arbitrary and capricious (see CPLR 7803[3]; Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County...

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