Court of Appeals of New York

In an article 78 proceeding brought by the owner of an apartment building who had made major capital improvements (MCI), asserting that it was arbitrary and capricious for the Department of Housing and Community Redevelopment (DHCR) to permanently exempt five apartments from an upward rent adjustment, the lower courts' denial of the petition is affirmed, where it was neither arbitrary nor capricious for DHCR to order permanent exemptions rather than temporary suspensions, since it was reasonable for the agency to conclude that the five apartments, which had been adversely affected by the construction work, did not benefit from the MCI project.

Appellate Information

• Decided 02/14/2012
• Published 02/14/2012

Judges

• Graffeo

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Thomas R. Newman, Christina S. Ossi