Argued September 8, 1997 Decided October 16, 1997 Appeal from the the Supreme Court (Karla Moskowitz, J.). Marcia P. Hirsch, Bronx, Rudolph Rosa Di Sant and Sheldon Melnitsky for appellant. John J. Cox, New York City, for respondent. Carb, Luria, Cook Kufeld, L. L. P., New York City (James E. Schwartz of counsel) LEVINE, J. Petitioner Germaine Gaines commenced this CPLR article 78 proceeding to challenge respondent New York State Division of Housing and Community Renewal's (DHCR) determination that

Argued January 5, 1989 Decided February 16, 1989 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Jack Turret, J. Michael T. Wallender, John T. DeGraff, Jr., and Brian J. McCann for appellant. Robert Abrams, Attorney-General (Kathie Ann Whipple, O. Peter Sherwood, Richard G. Liskov and Ellen J. Fried of counsel), for respondent. BELLACOSA, J. Petitioner, a licensed real estate broker, challenges an order of the respondent Secretary of State, dated September

No. 198 SSM 30. Decided September 9, 2008. APPEAL, by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered March 4, 2008, in a proceeding pursuant to CPLR article 78 (transferred to the Appellate Division by order of the Supreme Court, entered in Westchester County). The Appellate Division order, insofar as appealed from, (1) granted the petition, on the law and in the exercise of discretion, to review a determination

(a) Where a tenant/cooperator has died, the lease and the shares of stock for such decedent's apartment shall be surrendered by the decedent's estate or survivors for redemption. The housing company upon written request received from any member of such tenant's or cooperator's family who has resided with the tenant or cooperator in the dwelling unit as a primary residence and pursuant to the provisions of this section and the Private Housing Finance Law, shall sell or transfer the shares and the

(a) Rules of tenancy should be established by the housing company to provide reasonable control over tenant or cooperator actions which might infringe on rights of other tenants or cooperators to peaceful possession of their apartments or tend to impair residential character of housing development. (b) No such rule may become effective until it has been approved by the division. All such rules shall be submitted to the division for review and approval. If the division does not approve or reject such

(a) In the event that the rent payment is not received promptly, summary proceedings should be initiated. (b) The tenant or cooperator may be charged for service and filing fees and attorney fees in connection with such proceedings, as well as any court costs authorized under the law. Where the lease or rules and regulations do not clearly set forth this fact, they should be revised to include such provision. (c) It is the responsibility of the housing company to see that proceedings are diligently

The requirements of this Chapter may be waived if, in the opinion of the commissioner, their application may be shown to effect undue hardship or the waiver of such requirements of the use of alternative procedures are appropriate to the interests of the housing company, the public, the lien holders, the cooperators, or the tenants. N.Y. Comp. Codes R. & Regs. Tit. 9 § 1700.5

(a) Annual income reexamination procedure. (1) Following the end of each calendar year, the division will issue a memorandum which explains the annual tenant income reexamination procedure set forth in this Chapter, the affidavit forms to be used, and the deadlines involved. Follow-up by the housing company should be made of any income affidavits not returned on time. (2) The income affidavit should be carefully reviewed. If the affidavit reflects a change in household composition from the prior

(a) Determination of income for admission and continued occupancy is governed by this Subpart, except that federally assisted projects shall conform to HUD's requirements governing income determination for the admission and continued occupancy of below market rent tenants. (b) Section 85-a of the Private Housing Finance Law concerns rentals and selection of tenants for limited dividend housing companies. Under its provisions, admission to a project is limited to those households whose probable aggregate

It is the responsibility of the housing company to: (a) determine, prior to admission, the probable aggregate annual income of all members of applicants' household; (b) restrict admission to such households whose probable aggregate annual income is within applicable admission limits; (c) review once a year probable aggregate annual income of households in possession; (d) assess and collect surcharges in accordance with approved schedules from households whose income warrants such surcharges; and