Matter of Second & Third Ave. LLC v. New York State Div. of Hous. & Community Renewal

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered November 7, 2014, denying the petition to annul the determination of respondent New York State Division of Housing and Community Renewal (DHCR), dated December 18, 2013, which limited petitioner’s rent increase for the subject apartment, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

DHCR’s determination that the rent increase resulting from petitioner’s first-time painting of the apartment (see 9 NYCRR 2202.4 [a] [1], [2]) should be based on the highest estimate…