Opinion
April 25, 2000.
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about January 27, 1999, which, inter alia, denied the petition insofar as it sought to revoke the determination of respondent dated July 21, 1998, ordering a building-wide rent reduction, retroactive to the effective date of that administrative order, unanimously affirmed, without costs.
Cory L. Weiss, for petitioner-appellant.
Dawn Ivy Schiller, for respondent-respondent.
WILLIAMS, J.P., MAZZARELLI, RUBIN, BUCKLEY, FRIEDMAN, JJ.
Respondent's determination that there was a building-wide reduction of services had a rational basis and was not arbitrary and capricious (see, Fresh Meadows Assocs. v. New York City Conciliation and Appeals Bd., 88 Misc.2d 1003, affd 55 A.D.2d 559,affd 42 N.Y.2d 925; and see, Matter of ANF Co. v. Div. of Hous. and Community Renewal, 176 A.D.2d 518). Accordingly, a reduction of rent was mandatory (see, 9 N.Y.CRR § 2202.16[a]; Matter of ANF Co. v. Div. of Hous. and Community Renewal, supra; Matter of Hyde Park Gardens v. State of New York, Division of Hous. and Community Renewal, 140 A.D.2d 351, lv denied 72 N.Y.2d 809).
We have considered petitioner's remaining contentions and find them to be unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.