Berman v. New York Division of Housing & Community Renewal

Judgment, Supreme Court, Bronx County (Howard R. Silver J.), entered February 2, 2009, denying the petition seeking, inter alia, to annul respondent State of New York Division of Housing and Community Renewal’s (DHCR) denial of petitioner’s rent overcharge complaint, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

DHCR’s determination was not arbitrary and capricious, as it correctly determined that because petitioner’s lease was not a renewal lease, the legal regulated rent was $1,600 per month, that is, the rent charged on the base…