Terrace Court, LLC v. New York State Division of Housing & Community Renewal

Friedman and Nardelli, JJ.,

dissent in a memorandum by

Nardelli, J., as follows: I respectfully dissent, since I do not believe there is any rational basis for the determination by the Division of Housing and Community Renewal (DHCR) to exempt, permanently, the five apartments from the MCI rent increase which was awarded to petitioner landlord, and which is already being borne by the other tenants in the building. The *637agency’s determination works a forfeiture on the landlord by requiring it to improve the apartments while depriving it in perpetuity of the right to subsequent compensation for…