Opinion
December 3, 1998
Appeal from the Supreme Court, New York County (Louise Gruner Gans, J.).
Deferring to respondent's interpretation of the statutory requirement that an MCI must inure "to the benefit of all tenants" (Rent Stabilization Code [9 N.Y.CRR] § 2522.4 [a] [2] [i] [c]; see, Matter of Ansonia Residents Assn. v. New York State Div. of Hous. Community Renewal, 75 N.Y.2d 206, 213), and also to its expertise as to why a particular improvement should manifest defects over a particular period of time, denial of the MCI rent increase was rationally based on inspections revealing that the windows in at least 18% of the apartments had substantial defects, as did the entry and vestibule doors, and an absence of evidence demonstrating that such defects were due to wear and tear or vandalism rather than unworkmanlike installation (see, Matter of Wesley Ave. Assocs. v. New York State Div. of Hous. Community Renewal, Off. of Rent Admin., 206 A.D.2d 378).
Concur — Sullivan, J. P., Milonas, Tom and Mazzarelli, JJ.