MATTER OF 113-117 REALTY, LLC v. DIVISION OF HOUS. & COMMUNITY RENEWAL

150738/20. Appeal No. 14650. Case No. 2021-01244.

199 A.D.3d 506 (2021)

154 N.Y.S.3d 428

2021 NY Slip Op 06432

In the Matter of 113-117 Realty, LLC, Appellant, v. Division of Housing and Community Renewal, Respondent, et al., Respondent.

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

Decided November 18, 2021.


Attorney(s) appearing for the Case

Golino Law Group, PLLC, New York ( Santo Golino of counsel), for appellant.

Mark F. Palomino , New York ( Martin B. Schneider of counsel), for respondent.

Concur—Kapnick, J.P., Webber, Oing, Moulton, Rodriguez, JJ.


DHCR's determination that a rent reduction is warranted was rationally based and supported by the record (see CPLR 7803[3]). DHCR's on-site inspection revealed that 20 required services were not maintained in the apartment of petitioner's tenant. DHCR has broad discretion in ascertaining whether a required service is not being properly provided (see Matter of Melohn v New York State Div. of Hous. & Community Renewal, 234 A.D.2d 23

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