Opinion
9468 Index 159739/17
05-30-2019
In re BETTY & LILY CORP., Petitioner, v. The CITY OF NEW YORK OFFICE OF ADMINISTRATIVE TRIALS & HEARINGS, et al., Respondents.
Sperber Denenberg & Kahan, P.C., New York (Steven B. Sperber of counsel), for petitioner. Zachary W. Carter, Corporation Counsel, New York (Susan Paulson of counsel), for respondents.
Sperber Denenberg & Kahan, P.C., New York (Steven B. Sperber of counsel), for petitioner.
Zachary W. Carter, Corporation Counsel, New York (Susan Paulson of counsel), for respondents.
Friedman, J.P., Gische, Webber, Gesmer, Moulton, JJ.
Determination of respondent Office of Administrative Trials & Hearings (OATH), dated September 21, 2017, which, after a hearing, found that petitioner illegally converted a dwelling unit classified as a permanent residence into short-term rentals, and imposed civil penalties, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Shlomo Hagler, J.], entered July 9, 2018), dismissed, without costs.
The determination that petitioner illegally converted a dwelling unit classified as a permanent residence into short-term rentals in violation of Administrative Code of City of N.Y. §§ 28–210.3 and 28–301.1 and N.Y. City Building Code (Administrative Code, tit 28, ch 7) § BC 907.2.8 is supported by substantial evidence (see 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 181, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). The hearing officer found the testimony of the Department of Building's investigator credible; OATH did not disagree with that finding, and there is no basis for this Court to do so (see Matter of Berenhaus v. Ward, 70 N.Y.2d 436, 443, 522 N.Y.S.2d 478, 517 N.E.2d 193 [1987] ).
The civil penalties imposed on petitioner, considering the history of similar violations, are not shockingly disproportionate to the offenses (see Matter ofSCE Group Inc. v. New York State Liq. Auth., 159 A.D.3d 519, 520, 72 N.Y.S.3d 68 [1st Dept. 2018] ; see also Matter of42/9 Residential LLC v. New York City Envtl. Control Bd., 165 A.D.3d 541, 542, 84 N.Y.S.3d 352 [1st Dept. 2018] ; see also Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 234, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974] [penalty may reflect need for deterrence] ).
We have considered petitioner's remaining contentions and find them unavailing.