2084-2086 Bronx Park East, LLP v. New York State Division of Housing & Community Renewal

—Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered August 28, 2001, which denied petitioner landlord’s application to annul respondent State Division of Housing and Community Renewal’s (DHCR) determination finding a rent overcharge after rejecting petitioner’s claim to a rent increase for an improvement, unanimously affirmed, without costs.

Petitioner claims that, as required by Rent Stabilization Code (9 NYCRR) § 2522.4 (a) (1), it had obtained the tenant’s *316written consent to a rent increase based on a $3,000 expenditure for kitchen cabinets. DHCR rationally rejected this claim…