Posalski v. State of New York Division of Housing & Community Renewal

—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered July 27, 2000, which denied petitioner’s application to annul respondent Division of Housing and Community Renewal’s determination that the subject apartment is rent controlled, and calculation of the maximum rent accordingly, unanimously affirmed, without costs.

The finding of rent control status is rationally based on evidence that the tenants have continuously occupied the subject apartment since before July 1, 1971 (NY City Rent and Rehabilitation Law [Administrative Code of City of NY] § 26-403 [e] [2] [i] [9]; NY…