Legal Opinion
In the Matter of 333 East 49th Associates, Lp v. New York State Division of Housing and Community Renewal, Office of Rent Administration
New York Court of Appeals
Decided November 27, 2007PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
A rational basis exists for the Division of Housing and Community Renewal’s determination that petitioners failed to maintain adequate janitorial services warranting a rent reduction (see Matter of Gilman v New York State Div. of Hous. & Community Renewal, 99 NY2d 144, 149 [2002]). The determination, implicitly rejecting petitioners’ claim that the violation was de minimis, is rationally based on the inspector’s observations of debris in the compactor rooms, which confirmed the tenants’ sworn…
2Cases cited4 opinions
- Gilman v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 2002
- Mid-State Management Corp. v. New York City Conciliation & Appeals BoardAppellate Division of the Supreme Court of the State of New York · 1985
- MATTER OF MID-STATE MGMT. CORP. v. New York City Conciliation & Appeals Bd.New York Court of Appeals · 1985
- 333 East 49th Associates v. New York State Division of Housing & Community Renewal, Office of Rent AdministrationAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by2 opinions
- 68 Apartment Associates, Inc. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2010
- Jamaica Estates, LLC v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2010