From Casetext: Smarter Legal Research

Partnership 92 LP v. State, Div. of Housing and Community Renewal

New York Court of Appeals
Dec 2, 2008
11 N.Y.3d 859 (N.Y. 2008)

Opinion


11 N.Y.3d 859 873 N.Y.S.2d 247 In the Matter of Partnership 92 LP et al., Appellants, v State of New York Division of Housing and Community Renewal, Respondent. 2008-09435 New York Court of Appeals December 2, 2008

         COUNSEL

         Shaw & Binder, P.C., New York City (Robert H. Gordon of counsel), for appellants.

         David B. Cabrera, New York City, and Martin B. Schneider for respondent.

         OPINION

         Memorandum.

         The order of the Appellate Division should be affirmed, with costs.

         By its terms, the Rent Regulation Reform Act of 1997 (L 1997, ch 116) applies to any proceeding that was pending before the New York State Division of Housing and Community Renewal at the time of its enactment, as this case was (see Matter of Gilman v New York State Div. of Hous.s&sCommunity Renewal, 99 N.Y.2d 144, 149 [2002]).Moreover, there was ample basis on this record for the Division to conclude that, in arguing for a higher base rent, the owner had relied on an illusory tenancy. It was therefore appropriate for the agency to apply the default formula to set the base rent since no reliable rent records were available (see Thornton v Baron, 5 NY3d 175, 181 [2005]).

         Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

         On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

Summaries of

Partnership 92 LP v. State, Div. of Housing and Community Renewal

New York Court of Appeals
Dec 2, 2008
11 N.Y.3d 859 (N.Y. 2008)
Case details for

Partnership 92 LP v. State, Div. of Housing and Community Renewal

Case Details

Full title:In the Matter of Partnership 92 LP et al., Appellants, v. State of New…

Court:New York Court of Appeals

Date published: Dec 2, 2008

Citations

11 N.Y.3d 859 (N.Y. 2008)
873 N.Y.S.2d 247

Citing Cases

Regina Metro. Co. v. N.Y. State Div. of Hous. & Cmty. Renewal

III. To be sure, the language in the Part F effective date provision is less precise than the clause in the…

Woodson v. Town of Riverhead

Judicial review of such a determination "is limited to whether [the] determination was arbitrary or…