Audubon Avenue Associates v. State Division of Housing & Community Renewal

OPINION OF THE COURT

Phyllis Gangel-Jacob, J.

In this CPLR article 78 proceeding, petitioner Audubon *832Avenue Associates seeks a judgment in the nature of mandamus directing respondent State Division of Housing and Community Renewal, Office of Rent Administration (DHCR) to issue a final determination on petitioner’s pending application for rent increases based on major capital improvements.

Petitioner is the owner of an apartment building located at 247 Audubon Avenue, New York, New York (the building). On December 18, 1987, petitioner filed an application with the DHCR for major capital…