445 East 80th Street Tenants Ass'n v. New York State Division of Housing & Community Renewal

Judgment, Supreme Court, New York County (Peter H. Moulton, J.), entered April 12, 2012, denying the petition to annul the determination of respondent New York State Division of Housing and Community Renewal (DHCR), dated July 14, 2011, which granted intervenor-respondent owner’s application for a major capital improvement (MCI) rent increase based upon the installation of new windows, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

DHCR’s finding, that other than a few apartments where defective window installations were found, the…