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MATTER OF TRAINER v. STATE OF N.Y. DIV. OF HOUS. & COMMUNITY RENEWAL

6822, 101227/16.

162 A.D.3d 461 (2018)

79 N.Y.S.3d 21

2018 NY Slip Op 04105

In the Matter of Terence Trainer, Appellant, v. State of New York Division of Housing and Community Renewal, Respondent. 401 Edgecombe Partners, LLC, Intervenor-Respondent.

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

Decided June 7, 2018.

Respondent's determination that there was no rent overcharge, based largely on its interpretation of the statutes it administers, was not arbitrary and capricious, particularly in light of the fact that the vacancy lease petitioner originally executed was not for a rent stabilized apartment (see Matter of Ansonia Residents Assn. v New York State Div. of Hous. & Community Renewal, 75 N.Y.2d 206, 213 [1989]; Matter of Hawthorne...

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