Opinion
1623
September 24, 2002.
Judgment, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered October 25, 2001, which, in this proceeding pursuant to CPLR article 78, granted the petition to annul a determination of respondent New York State Division of Housing and Community Renewal (DHCR) denying petitioner's application for an adjustment of maximum rent pursuant to New York City Rent and Eviction Regulations (9 NYCRR) § 2202.7, to the extent of remanding the proceeding to respondent agency for the purpose of conducting a comparability study consistent with the grant of petitioner's application, unanimously affirmed, without costs.
MAGDA L. CRUZ, for petitioner-respondent.
CARL ECKSTEIN, for respondent-appellant.
Before: Williams, P.J., Tom, Rosenberger, Friedman, JJ.
The court properly found that DCHR's determination that there were no "unique or peculiar" circumstances warranting an adjustment of rents pursuant to New York City Rent and Eviction Regulations (9 NYCRR) § 2202.7 was arbitrary, capricious and irrational since petitioner plainly met the criteria for such an adjustment. Petitioner established the existence of unique and peculiar circumstances over a 17-year period based on the expulsion of a prior owner from the Rent Stabilization Association, pervasive mismanagement of the subject premises by a manager appointed by the court pursuant to RPAPL article 7-A, and numerous inconsistent rulings as to the status of various units at the premises issued by administrative agencies, including respondent. The court properly found that these circumstances resulted in maximum rents which were indisputably substantially lower than rents generally prevailing in the same area for substantially similar housing accommodations.
We see no reason to disturb the court's direction that a comparability study be conducted for the purpose of determining the extent of the adjustment to which petitioner is entitled.
We have considered appellant's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.