Fodor v. N.Y.S. Division of Housing & Community Renewal

Appellate Division of the Supreme Court of New York

Fodor v. N.Y.S. Division of Housing & Community Renewal

79 A.D.3d 459, 912 N.Y.S.2d 199

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 7, 2010

StatusPublished

This text of 79 A.D.3d 459 (Fodor v. N.Y.S. Division of Housing & Community Renewal) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fodor v. N.Y.S. Division of Housing & Community Renewal, 79 A.D.3d 459, 912 N.Y.S.2d 199 (N.Y. Ct. App. 2010).

Pincite

Opinion

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered April 29, 2009, dismissing a CPLR article 78 proceeding to annul a determination of respondent New York State Division of Housing and Community Renewal (DHCR) that had granted an application by the owner of the building in which petitioners reside to change from master metering to direct metering, unanimously affirmed, without costs.

DHCR’s determination not to require the owner to upgrade the wiring inside each apartment is rationally based (see generally Matter of Peckham v Calogero, 12 NY3d 424, 431 [2009]) on an affidavit from a licensed electrical engineer stating that every apartment would be able to utilize modern appliances after the owner’s proposed improvements were implemented, and that the rewiring would benefit the tenants even without an increase in amperage. By contrast, the tenants, including petitioners, submitted no affidavits from licensed electrical engineers. To the extent that petitioners’ claim that the owner’s rewiring is unsafe is based on a fire that occurred at the premises after DHCR’s determination, such evidence may not be considered on this appeal (see Matter of Rizzo v New York State Div. of Hous. & Community Renewal, 6 NY3d 104, 110 [2005]). Concur— Mazzarelli, J.P., Acosta, Richter, Abdus-Salaam and Román, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), entered April 29, 2009, dismissing a CPLR article 78 proceeding to annul a determination of respondent New York State Division of Housing and Community Renewal (DHCR) that had granted an application by the owner of the building in which petitioners reside to change from master metering to direct metering, unanimously affirmed, without costs.

DHCR’s determination not to require the owner to upgrade the wiring inside each apartment is rationally based (see generally Matter of Peckham v Calogero, 12 NY3d 424, 431 [2009]) on an affidavit from a licensed electrical engineer stating that every apartment would be able to utilize modern appliances after the owner’s proposed improvements were implemented, and that the rewiring would benefit the tenants even without an increase in amperage. By contrast, the tenants, including petitioners, submitted no affidavits from licensed electrical engineers. To the extent that petitioners’ claim that the owner’s rewiring is unsafe is based on a fire that occurred at the premises after DHCR’s determination, such evidence may not be considered on this appeal (see Matter of Rizzo v New York State Div. of Hous. & Community Renewal, 6 NY3d 104, 110 [2005]). Concur— Mazzarelli, J.P., Acosta, Richter, Abdus-Salaam and Román, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

79 A.D.3d 459, 912 N.Y.S.2d 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fodor-v-nys-division-of-housing-community-renewal-nyappdiv-2010.

Opinion

Related

Cite This Page — Counsel Stack