Executive Towers at Lido, LLC v. New York State Division of Housing & Community Renewal

The determination of the New York State Division of Housing *853and Community Renewal denying a petition for administrative review and confirming a determination of the Rent Administrator denying the petitioners’ applications to adjust certain initial legal regulated rents pursuant to Emergency Tenant Protection Regulations § 2502.3 (b) based on the presence of unique or peculiar circumstances had a rational basis and was not arbitrary or capricious. The petitioners failed to meet their burden of proving, inter alia, that the rents in their apartment buildings differed substantially from the…