1 Bk Street Corp. v. New York State Division of Housing & Community Renewal

Order and judgment (one paper), Supreme Court, New York County (Alice Schlesinger, J.), entered November 7, 2001, which granted the petition pursuant to article 78 of the CPLR to the extent of vacating the administrative determination which set the fair market rent for the subject apartment, directed petitioner to refund the excess rent payments to tenant and remanded the matter for further proceedings, reversed, on the law, without costs, the petition denied and the proceeding dismissed.

It is well established that where, as here, an administrative agency’s determination has a rational basis,…