Elisofon v. New York State Division of Housing & Community Renewal

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered November 19, 1997, which denied petitioner tenant’s CPLR article 78 application to annul respondent Division of Housing and Community Renewal’s (DHCR) denial of petitioner’s overcharge complaint, unanimously affirmed, without costs.

The DHCR properly concluded that the landlord was entitled to increase the lawful stabilized rent by one-fortieth of the cost of certain qualifying improvements made to the subject apartment (Rent Stabilization Code [9 NYCRR] § 2522.4 [a] [1]; Rent Stabilization Law [Administrative Code of City…