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MATTER OF ARTHA MGT. v. DHCR

143 Misc.2d 717 (1989)

In the Matter of Artha Management, Inc., et al., Petitioners, v. New York State Division of Housing and Community Renewal, Respondent.

Supreme Court, New York County.

May 11, 1989

Attorney(s) appearing for the Case

Rosenberg & Estis, P. C. (Blaine Z. Schwadel and Nicholas Kamillatos of counsel), for petitioners. Dennis Hasher and Mary Ellen Cronly for respondent.

HERMAN CAHN, J.

This CPLR article 78 proceeding raises the issue of whether DHCR may substitute a different standard for that which is statutorily mandated, when the owner-applicant has an equity relationship with the contractor or supplier whose charges will be passed on to tenants. The court finds that the statute does not permit substitution. However, the agency may more carefully scrutinize the submissions...

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