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

OPINION OF THE COURT

Tom, J.P.

Since we conclude that the determination of the New York State Division of Housing and Community Renewal (DHCR) cannot rationally be upheld, we reverse the order under review and annul that determination.

Petitioners are tenants of apartment 5D located in 302 East 3rd Street, an occupancy they commenced on May 10, 1996. The lease is not included in the record, although a rider incorporated in an exhibit indicates, in paragraph 5 (A), a legal rent of $1,950, but a discount to $1,200 if the tenants paid by the 15th day of each month. Elsewhere, though, paragraph 5…