IN RE: Application of ARTNOR REALTY CO. (1999)

Supreme Court, Appellate Division, First Department, New York.

IN RE: Application of ARTNOR REALTY CO., Petitioner-Appellant, For a Judgment, etc., v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent.

Decided: October 07, 1999

ROSENBERGER, J.P., TOM, MAZZARELLI, LERNER and FRIEDMAN, JJ.

Martin A. Shlufman, for Petitioner-Appellant. Jennifer E. Oxford, for Respondent-Respondent.

Order, Supreme Court, New York County (Helen Freedman, J.), entered July 15, 1998, which denied petitioner landlord's application pursuant to CPLR article 78 to annul respondent New York State Division of Housing and Community Renewal's determination of a rent overcharge and imposition of treble damages, and dismissed the petition, unanimously affirmed, without costs.

Respondent's findings that petitioner landlord failed to produce credible evidence to establish that the subject overcharges, arising from petitioner landlord's improper application of a vacancy increase percentage, unsubstantiated improvements to the premises, and from other “unexplained” circumstances, were not willful is supported by the administrative record. Accordingly, respondent's determination to impose treble damages had a rational basis and may not be set aside (see, Matter of Century Tower Assocs. v. State of New York Div. of Hous. & Community Renewal, 83 N.Y.2d 819, 823, 611 N.Y.S.2d 491, 633 N.E.2d 1095).

MEMORANDUM DECISION.

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