Opinion
June 21, 1990
Appeal from the Supreme Court, New York County (Kenneth Shorter, J.).
In this rent overcharge proceeding, DHCR recalculated the rent for the subject apartment using an alternative method because the landlord did not file a complete rental history. The rental history provided belatedly by the landlord consisted, in part, of affidavits obtained from former tenants for the specific purpose of this litigation and a purported "worksheet" of questionable origin. DHCR properly exercised its discretion in finding these documents to be without probative value (see, Matter of Kraus Mgt. v. State of N.Y., Div. of Hous. Community Renewal, 137 A.D.2d 689, 690-691). Accordingly, DHCR's determination had a rational basis, for which this court will not substitute its own view (see, Matter of Bambeck v. State Div. of Hous. Community Renewal, 129 A.D.2d 51, 54, lv denied 70 N.Y.2d 615).
We have reviewed the petitioner's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Ross, Carro, Milonas and Rosenberger, JJ.