Matter of Argo v. N.Y. State Div. of Housing

1 Citing case

  1. Regal Homes, Inc. v. New York State Division of Housing & Community Renewal

    287 A.D.2d 508 (N.Y. App. Div. 2001)   Cited 2 times

    We reject the argument of the petitioner, the owner of the subject apartment, that the New York State Division of Housing and Community Renewal (hereinafter the DHCR) violated its own Policy Statement 91-5 by reconsidering, sua sponte, the August 29, 1997, decision of the Rent Administrator more than 95 days after it was issued. The Policy Statement does not limit the time within which the DHCR may sua sponte reopen a matter for an "irregularity in a vital matter" (Argo v. New York State Div. of Hous. and Community Renewal, 210 A.D.2d 323, 324). The DHCR's determination that the original decision was incorrect constitutes an irregularity as to a vital matter, authorizing reopening of the matter (see, Matter of Silverstein v. Higgins, 184 A.D.2d 644, 645). Furthermore, the decision of the Rent Administrator, upon reconsideration, that the housing accommodation was subject to rent control has a rational basis in the record and is not arbitrary and capricious (see, Matter of Clear Holding Co. v. State Div. of Hous. and Community Renewal, 268 A.D.2d 430).