Various Tenants v. State of New York Division of Housing & Community Renewal

Judgment, Supreme Court, New York County (Marylin Diamond, J.), entered May 29, 1996, which denied petitioners’ application pursuant to CPLR article 78 to annul respondent Division of Housing and Community Renewal’s (DHCR) decision approving respondent owner’s application to substitute elevator operator service with other security measures, and dismissed the petition, unanimously affirmed, without costs.

Where, as here, a building is not fully rent stabilized, but is rather a hybrid, consisting of both rent stabilized and rent controlled apartments, the standard to be applied on owner…