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

Nardelli, J. (dissenting).

I respectfully dissent and find that the judgment of the Supreme Court, which granted the petition and remitted the matter to DHCR for reconsideration of the owner’s application in light of new evidence, should be affirmed.

Rachel Crespin is the owner of a four-story townhouse designated as 323 East 53rd Street, New York, New York. The building is comprised of four apartments, one on each floor. Ms. Crespin, who became the building’s first rent-controlled tenant in 1959, currently resides in the unregulated second-floor apartment, having purchased the building in…