SP 141 E 33 LLC v. New York State Division of Housing & Community Renewal

DHCR’s determination to revoke petitioner’s MCI rent increase was rationally based in the record and was not arbitrary and capricious (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231 [1974]; Matter of 370 Manhattan Ave. Co., L.L.C. v New York State Div. of Hous. & Community Renewal, 11 AD3d 370, 372 [2004]; Matter of West Vil. Assoc. v Division of Hous. & Community Renewal, 277 AD2d 111, 114 [2000]). The determination was based on the facts that the 15-year useful life of the pointing and…