From Casetext: Smarter Legal Research

In re of Lillian Goldman Family

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 2004
12 A.D.3d 161 (N.Y. App. Div. 2004)

Opinion

4492

November 4, 2004.

Judgment, Supreme Court, New York County (Harold Beeler, J.), entered April 21, 2003, which denied the petition and dismissed the proceeding brought pursuant to CPLR article 78 seeking to annul an order of respondent Division of Housing and Community Renewal, dated August 22, 2002, affirming a determination of the Rent Administrator, inter alia, finding that there had been a reduction in essential services to the rent stabilized and rent controlled tenants in petitioner landlord's building and imposing a rent reduction, unanimously affirmed, without costs.

Before: Nardelli, J.P., Andrias, Sullivan, Williams and Friedman, JJ.


The determination as to whether essential building services had been reduced was strictly within respondent's purview ( see Matter of ANF Co. v. Division of Hous. Community Renewal, 176 AD2d 518, 520), and its finding that the elimination of one of the subject building's three elevators constituted a reduction in essential services had a rational basis and was not arbitrary and capricious. Accordingly, a reduction of rent was mandatory ( see 9 NYCRR 2202.16 [a]; 2523.4 [a]; and see Matter of ANF Co. at 520). The amount of the reduction imposed was reasonable.

Petitioner's remaining contentions are unavailing.


Summaries of

In re of Lillian Goldman Family

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 2004
12 A.D.3d 161 (N.Y. App. Div. 2004)
Case details for

In re of Lillian Goldman Family

Case Details

Full title:In the Matter of LILLIAN GOLDMAN FAMILY, LLC, Appellant, v. NEW YORK STATE…

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

Date published: Nov 4, 2004

Citations

12 A.D.3d 161 (N.Y. App. Div. 2004)
783 N.Y.S.2d 471

Citing Cases

Gold v. New York State Div. of Hous. & Cmty. Renewal

Accordingly, while DHCR is mandated to reduce rents when it finds that an owner has failed to provide…

Garza v. 508 West 112th Street, Inc.

Some services are essential to the tenancy, the failure of which to maintain may entitle a tenant to a…