Waljoy Realty Co. v. New York State Division of Housing & Community Renewal

Full title: In the Matter of WALJOY REALTY CO., Appellant, v. NEW YORK STATE DIVISION…

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

Date published: Sep 22, 1997

242 A.D.2d 635 (N.Y. App. Div. 1997)

664 N.Y.S.2d 754

Opinion

September 22, 1997

Appeal from the Supreme Court, Nassau County (Levitt, J.).

Ordered that the judgment is affirmed, with costs.

It is well established that horizontal multiple dwellings may be subject to rent regulation provided that they share common ownership, management, operation, and facilities so as to warrant treating the housing as an integral unit (McKinney's Uncons Laws of N.Y. § 8625 [a] [4]; see, Matter of Salvati v. Eimicke, 72 N.Y.2d 784, 792; see also, Matter of Triades v. Mirabal, 172 A.D.2d 541, 542). The interpretation by the New York State Division of Housing and Community Renewal (hereinafter DHCR) of the statutes it administers, if not unreasonable or irrational, is entitled to deference ( see, Matter of Salvati v. Eimicke, supra, at 791). Contrary to the petitioner's assertions, the determination by the DHCR that the petitioner's five buildings constituted a horizontal multiple dwelling subject to rent regulation was not arbitrary and capricious ( see, CPLR 7803).

Thompson, J.P., Joy, Friedmann and Krausman, JJ., concur.