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MATTER OF 160 E. 84TH ST. ASSOC. LLC v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

6246 100643/16.

160 A.D.3d 474 (2018)

75 N.Y.S.3d 141

2018 NY Slip Op 02433

In the Matter of 160 East 84th Street Associates LLC, Appellant-Respondent, v. New York State Division of Housing and Community Renewal, Respondent-Appellant, and Sherry Sado, Intervenor-Respondent.

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

Decided April 10, 2018.

DHCR's use of a sampling method to determine the legal regulated rent on intervenor tenant's apartment based on the average stabilized rents for studio apartments in the 2006 registration of the subject building is rationally based in the record and not arbitrary and capricious (see Matter of Tockwotten Assoc. v New York State Div. of Hous. & Community Renewal, 7 A.D.3d 453, 454 [1st Dept 2004]). DHCR providently exercised its...

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