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Munk v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 2007
45 A.D.3d 390 (N.Y. App. Div. 2007)

Opinion

No. 2034 109802/05.

November 15, 2007.

Judgment (denominated order), Supreme Court, New York County (Charles J. Tejada, J.), entered March 28, 2006, which denied the petition to annul a final order of respondent Division of Housing and Community Renewal, dated May 18, 2005, and up-held a prior order of the Rent Administrator denying petitioner's fair market rent appeal and determining that the housing accommodation became exempt from rent regulation, unanimously affirmed, without costs.

Charles E. Boulbol, New York, for appellant.

Gary R. Connor, New York (Kathleen F. Lamar of counsel), for DHCR and Paul A. Roldan, respondents.

Before: Friedman, J.P., Sullivan, Buckley and Malone, JJ.


The administrative determination that the fair market rent for the subject apartment exceeded $2,000 per month, thus exempting it from rent regulation (Rent Stabilization Code [ 9 NYCRR] § 2520.11 [r] [4]), had a rational basis in the record and was not an abuse of discretion, nor was it arbitrary or capricious. A review of the record reveals that respondent owners provided adequate documentation for the improvements they made to the apartment.

Petitioner's argument that she was refused a one-year lease and was improperly offered only a two-year lease is not preserved for review, and in any event, is without merit.


Summaries of

Munk v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York, First Department
Nov 15, 2007
45 A.D.3d 390 (N.Y. App. Div. 2007)
Case details for

Munk v. New York State Division of Housing & Community Renewal

Case Details

Full title:In the Matter of CHEYNE MUNK, Appellant, v. NEW YORK STATE DIVISION OF…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 15, 2007

Citations

45 A.D.3d 390 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8860
845 N.Y.S.2d 303

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