Opinion
14157 Index No. 158197/19 Case No.2020–03950
07-01-2021
In the Matter of LILJOV REALTY CORP. et al., Petitioners, v. NEW YORK STATE DIVISION OF HUMAN RIGHTS et al., Respondents.
Caroline J. Downey, State Division of Human Rights, New York ( Michael K. Swirsky of counsel), for respondents.
Caroline J. Downey, State Division of Human Rights, New York ( Michael K. Swirsky of counsel), for respondents.
Renwick, J.P., Gische, Oing, Mendez, JJ.
Cross-petition of respondent New York State Division of Human Rights (DHR) (transferred to this Court by order of Supreme Court, New York County [Eileen A. Rakower, J.], entered January 3, 2020), seeking an order confirming an order after compliance hearing (OACH) of the DHR Commissioner, dated June 25, 2019, which directed petitioners (together, landlord) to offer respondent Juan Quispe and his wife the first-floor apartment at issue at a rent comparable to the rent they are paying in their current fifth-floor apartment in the same building, unanimously granted, and the OACH confirmed, without costs.
Substantial evidence supports the DHR Commissioner's determination that landlord violated an earlier order after stipulation of the DHR Commissioner, dated February 11, 2015, and the directive to landlord to offer Quispe and his wife the subject first-floor apartment at a rent comparable to the rent in their current fifth-floor apartment ( see 300 Gramatan Ave. Assocs. v. State Div. of Human Rights, 45 N.Y.2d 176, 181, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). In light of the ambiguity of the subject stipulation's material terms ( see Chen v. Yan, 109 A.D.3d 727, 729, 971 N.Y.S.2d 519 [1st Dept. 2013] ), the Commissioner rationally construed the stipulation as requiring landlord to offer the first available reasonably similar first-floor apartment in one of the designated apartment buildings to Quispe – who lives on a fixed income – for a rent comparable to what Quispe is paying in his current apartment ( see 300 Gramatan Ave., 45 N.Y.2d at 182, 408 N.Y.S.2d 54, 379 N.E.2d 1183 ; Matter of City of New York v. New York State Div. of Human Rights, 228 A.D.2d 255, 257, 643 N.Y.S.2d 573 [1st Dept. 1996] ).