IN RE: Application of MULTIVERSE REAL ESTATE (1999)

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

IN RE: Application of MULTIVERSE REAL ESTATE, INC., Petitioner-Appellant, For a Judgment, etc., v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent-Respondent.

Decided: May 18, 1999

SULLIVAN, J.P., TOM, LERNER, BUCKLEY, JJ.

Patrick K. Munson, New York City, for petitioner-appellant. Christina S. Ossi, Albany, for respondent-respondent.

Judgment, Supreme Court, Bronx County (Joseph Giamboi, J.), entered October 1, 1998, which denied petitioner owner's article 78 application to annul respondent DHCR's determination denying petitioner's rent restoration application, unanimously affirmed, without costs.

Respondent's finding that petitioner failed to restore required services is rationally based upon the report of its inspector (see, Matter of Simkowitz v. DHCR, 251 A.D.2d 5, 673 N.Y.S.2d 647; Matter of Chelrae Estates v. DHCR, 225 A.D.2d 387, 389, 638 N.Y.S.2d 950). There is no merit to petitioner's claim that the inspection was conducted in violation of respondent's own Policy Statement 96-1. The record shows that at least 51% of the tenants affected by the rent reduction order did object to petitioner's application for a rent restoration. We have considered petitioner's other arguments, including that one of the conditions found by the inspector is de minimus and that it was denied due process, and find them unavailing.

MEMORANDUM DECISION.

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