Legal Opinion

315 East 72nd Street Owners, Inc. v. New York State Division of Housing

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2012Published

1Opinion of the Court

Supreme Court properly dismissed the petition seeking to annul DHCR’s denial of petitioner’s application for high-income rent deregulation. Contrary to petitioner’s contention, DHCR was not required to conduct any further investigation prior to *648reaching its determination (see e.g. Matter of Classic Realty v New York State Div. of Hous. & Community Renewal, 298 AD2d 201 [1st Dept 2002]). The record before DHCR permitted it to rationally and reasonably find that respondent Morton Drosnes’ daughter, Carrie, had been an occupant of the apartment on a temporary basis only in the two years…

2Cases cited5 opinions

  1. Dworman v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1999
  2. A.J. Clarke Real Estate Corp. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2003
  3. Elkin v. RoldanAppellate Division of the Supreme Court of the State of New York · 1999
  4. 103 East 86th St. Realty Corp. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2004
  5. Classic Realty LLC v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2002

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