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MATTER OF LOWINGER v. NEW YORK STATE DIV. OF HOUS. & COMMUNITY RENEWAL

4120, 101277/14.

161 A.D.3d 550 (2018)

77 N.Y.S.3d 373

2018 NY Slip Op 03610

In the Matter of Robert Lowinger, Appellant, v. New York State Division of Housing and Community Renewal et al., Respondents.

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

Decided May 17, 2018.

DHCR's determination that the deregulation of petitioner's apartment, which preceded his tenancy, was not fraudulent is not arbitrary and capricious and has a rational basis (see generally Flacke v Onondaga Landfill Sys., 69 N.Y.2d 355, 363 [1987]). The determination was based upon the finding that the apartment was subject to vacancy and individual apartment improvement increases, which was supported by a November 2006 agreement...

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