IN RE: Executive Towers at Lido (2010)

Argued-September 29, 2009

DECISION & ORDER

In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Division of Housing and Community Renewal dated February 19, 2008, which denied a petition for administrative review and confirmed a determination of the Rent Administrator dated January 24, 2003, denying the petitioners' applications to adjust certain initial legal regulated rents pursuant to Emergency Tenant Protection Regulations § 2502.3(b) based on the presence of unique or peculiar circumstances, the petitioners appeal from a judgment of the Supreme Court, Nassau County (Iannaci, J.), entered August 20, 2008, which denied the petition and, in effect, dismissed the proceeding.

ORDERED that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The determination of the New York State Division of Housing and Community Renewal denying a petition for administrative review and confirming a determination of the Rent Administrator denying the petitioners' applications to adjust certain initial legal regulated rents pursuant to Emergency Tenant Protection Regulations § 2502.3(b) based on the presence of unique or peculiar circumstances had a rational basis and was not arbitrary or capricious.   The petitioners failed to meet their burden of proving, inter alia, that the rents in their apartment buildings differed substantially from the rents generally prevailing in the same area for substantially similar housing accommodations.   Therefore, the determination of the Rent Administrator was properly confirmed (see CPLR 7803[3];  McKinney's Uncons Laws of N.Y. § 8629[a] [Emergency Tenant Protection Act of 1974];  Matter of Rowe v. Calogero, 56 AD3d 567;  Matter of DeLillo v New York State Div. of Hous. and Community Renewal, 45 AD3d 682, 683;  Harding v. Calogero, 45 AD3d 363;  Matter of Melendez v New York State Div. of Hous. & Community Renewal, 304 A.D.2d 580;  Matter of Marciano v. Roldan, 294 A.D.2d 440).

The petitioners' remaining contentions are without merit.

MASTRO, J.P., FISHER, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court