20 Fifth Avenue, LLC v. New York State Division of Housing & Community Renewal

OPINION OF THE COURT

Renwick, J.

In this appeal, we consider whether the New York State Division of Housing and Community Renewal (DHCR) is authorized to implement an apparently new policy to provide that when a building owner files a Major Capital Improvement (MCI) Application for exterior renovation (waterproofing and pointing), and defects (water damage) relating to the improvement are found in a relatively small number of the building’s apartments, DHCR will deny the MCI application for all apartments in the building. We find that DHCR’s failure to set forth its reasons for altering its…