Legal Opinion
Bauer v. New York State Division of Housing & Community Renewal
Appellate Division of the Supreme Court of the State of New York
Decided March 19, 1996PublishedCited by 4 opinions
1Opinion of the Court
The determination of respondent agency was not arbitrary and capricious and was rationally supported by the record (Matter of Pell v Board of Educ., 34 NY2d 222). As petitioners failed to register the regulated apartment initially in 1984 or prior to the Rent Administrator’s order and failed to serve a copy of the registration on the tenant (Administrative Code of City of NY § 26-517; 9 NYCRR 2528.1) or provide a rent history for the apartment dating back to the base date, the Commissioner properly barred collection of increases in excess of the lawful rent and allowed the agency to use its…
2Cases cited5 opinions
- In re the Estate of DaneAppellate Division of the Supreme Court of the State of New York · 1976
- Aguayo v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1989
- Drizin v. Commissioner of Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1988
- Drewbar Realty Co. v. State of New York Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1992
- Gattiboni v. AponteAppellate Division of the Supreme Court of the State of New York · 1992
3Cited by4 opinions
- Matter of RSL 53-55 E. 95th LLC v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2016
- Dattoma v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 1999
- Magnone v. HalperinAppellate Division of the Supreme Court of the State of New York · 1997
- Matter of Kobrick v. New York State Div. of Hous. & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2015