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In re H H Equities v. New York State

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1997
235 A.D.2d 360 (N.Y. App. Div. 1997)

Opinion

January 30, 1997.

Judgment, Supreme Court, Bronx County (Bernard Burstein, J.), entered April 3, 1996, which denied petitioner's application pursuant to CPLR article 78 to annul respondent's determination denying petitioner a major capital improvement (MCI) rent increase, and dismissed the petition, unanimously affirmed, without costs.

Before: Murphy, P. J., Milonas, Nardelli and Andrias, JJ.


Respondent's determination that extensive and hazardous plumbing problems in the premises warrant denial of the MCI rent increase for the repiping work that had been initially granted by the District Rent Administrator was not made in violation of respondent's rules of review or petitioner's right to due process, and was not arbitrary and capricious as lacking a rational basis in the record. The tenants' initial complaints all mentioned leaks and plumbing problems and can be viewed as encompassing a broad range of problems both related and unrelated to the specific plumbing work underlying the MCI application. Nor does due process require that petitioner had been served with the respondent's inspection reports ( Matter of Rubin v Eimicke, 150 AD2d 697, lv denied 75 NY2d 704) or with the list of pending Department of Housing Preservation and Development violations on which respondent also relied and for which petitioner can have no excuse being unaware. "We have considered petitioner's other arguments, including that respondent's Policy Statement 90-8 precludes it from denying an MCI rent increase for failure to maintain essential services unless it first issues a rent-reduction order, and find them to be without merit.


Summaries of

In re H H Equities v. New York State

Appellate Division of the Supreme Court of New York, First Department
Jan 30, 1997
235 A.D.2d 360 (N.Y. App. Div. 1997)
Case details for

In re H H Equities v. New York State

Case Details

Full title:In the Matter of H H EQUITIES, Appellant, v. NEW YORK STATE DIVISION OF…

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

Date published: Jan 30, 1997

Citations

235 A.D.2d 360 (N.Y. App. Div. 1997)
653 N.Y.S.2d 547

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