From Casetext: Smarter Legal Research

Woodcrest Management v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
May 29, 2003
305 A.D.2d 329 (N.Y. App. Div. 2003)

Opinion

948

May 29, 2003.

Judgment, Supreme Court, New York County (Edward Lehner, J.), entered July 5, 2002, which denied petitioner landlord's application to annul respondent Division of Housing and Community Renewal's determination fixing the fair market rent of the subject apartment and directing petitioner to refund to the tenants excess rent, and dismissed the petition, unanimously affirmed, without costs.

Patrick K. Munson, for petitioner-appellant.

Jan C. Rose, for respondent-respondent.

Before: Tom, J.P., Saxe, Ellerin, Williams, Marlow, JJ.


It appears that as a result of a recent amendment to the Rent Stabilization Code ( 9 NYCRR 2522.3[e][1][eff Dec 20, 2000]), the requirements for the submission of comparable rents in a fair market rent appeal were relaxed, with the result that at the time respondent issued the PAR decision under review, its third such decision after two court remands, certain comparable rent data that respondent had previously rejected as legally insufficient qualified for consideration. However, respondent refused to apply the amendment on the ground that it would cause the tenants undue hardship within the meaning of Rent Stabilization Code § 2527.7. Such refusal was not arbitrary and capricious where the owner was advised of his right to submit comparability data in 1993, but provided none until April 2000, and provided no explanation for this delay.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

Woodcrest Management v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
May 29, 2003
305 A.D.2d 329 (N.Y. App. Div. 2003)
Case details for

Woodcrest Management v. New York State Division of Housing & Community Renewal

Case Details

Full title:IN RE WOODCREST MANAGEMENT, Petitioner-Appellant, v. NEW YORK STATE…

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

Date published: May 29, 2003

Citations

305 A.D.2d 329 (N.Y. App. Div. 2003)
761 N.Y.S.2d 614

Citing Cases

IG SECOND GENERATION v. N.Y

ly Assoc. v New York State Div. of Hous. Community Renewal, 12 AD3d 272; Matter of Elm Realty v Office of…