Opinion
June 6, 1988
Appeal from the Supreme Court, Kings County (Held, J.).
Ordered that the judgment is affirmed, with costs.
The petitioner tenants seek a judgment vacating the respondent Commissioner's order dated November 26, 1985, which authorized increases of $20.52 per room for the year 1986 at a Mitchell-Lama housing project known as Brightwater Towers. The order is challenged upon the grounds, inter alia, that it is in violation of lawful procedure, arbitrary and capricious, and not supported by substantial evidence. We disagree. There is a clear basis in the record to support the Commissioner's findings. The Commissioner considered the housing company's application for the increase, the transcript of the minutes taken at the hearing and the exhibits in evidence. We find there is sufficient evidence to support the increase granted (see, Matter of Eastwood Bldg. Comm. v Eimicke, 130 A.D.2d 425, lv denied 70 N.Y.2d 816; Matter of Schwartz v Heimann, 64 A.D.2d 925, appeal dismissed 45 N.Y.2d 1005, lv denied 45 N.Y.2d 714). "The extensive experience of the Department of Housing and Community Renewal in this field must be utilized if the determinations made are to properly carry out the statutory mandate of the department" (Matter of Hamer v Urstadt, 74 Misc.2d 719, 722. affd 45 A.D.2d 988). Bracken, J.P., Brown, Lawrence and Spatt, JJ., concur.