Hawthorne Gardens v. State of New York Division of Housing & Community Renewal

*136Order, Supreme Court, New York County (Leland DeGrasse, J.), entered March 25, 2003, which dismissed petitioner’s challenge to an administrative finding of a rent overcharge and imposition of treble damages, unanimously affirmed, without costs.

Respondent’s determination of a rent overcharge and miscalculation of base rent was not arbitrary and capricious, since it was based on a registered rent figure provided by petitioner for the year in question, the same figure utilized by petitioner in its computations for vacancy and longevity increases. Petitioner failed to present any evidence of…