12 East 86th Street, LLC v. Division of Housing & Community Renewal

—Judgment, Supreme Court, New York County (Milton Tingling, J.), entered June 1, 2001, which dismissed the petition brought pursuant to CPLR article 78 to annul respondent’s determination, dated December 13, 2000, denying petitioner’s petition for administrative review, unanimously affirmed, without costs.

Respondent agency’s interpretation of the then governing statutes and regulations resulted in the exclusion of vacancy and guidelines increases in calculating the subject apartment’s rent for purposes of the $2,000 high-rent decontrol threshold. Supreme Court properly found that this…