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Multiverse Real Estate, Inc. v. New York State Division of Housing & Community Renewal
Citations: 261 A.D.2d 250; 690 N.Y.S.2d 235; 1999 N.Y. App. Div. LEXIS 5543
Court: Appellate Division of the Supreme Court of the State of New York; May 18, 1999; New York; State Appellate Court
The Supreme Court of Bronx County, under Justice Joseph Giamboi, issued a judgment on October 1, 1998, denying the petitioner owner's CPLR article 78 application to annul the respondent Division of Housing and Community Renewal's (DHCR) determination that rejected the petitioner’s rent restoration application. The court unanimously affirmed this decision without costs. The DHCR's conclusion that the petitioner did not restore necessary services was deemed rational, supported by the inspector's report. The court referenced relevant case law, including Matter of Simkowitz and Matter of Chelrae Estates, to support its findings. The petitioner’s argument that the inspection violated DHCR's Policy Statement 96-1 was found to lack merit. Additionally, it was noted that over 51% of tenants affected by the rent reduction opposed the rent restoration application. Other claims made by the petitioner, including that a specific condition identified by the inspector was trivial (de minimis) and that due process was denied, were also dismissed as unconvincing. The judgment was concurred by Justices Sullivan, Tom, Lerner, and Buckley.