Matter of Broadway Bretton, Inc. v. New York State Div. of Hous. & Community Renewal

Appellate Division of the Supreme Court of New York

Matter of Broadway Bretton, Inc. v. New York State Div. of Hous. & Community Renewal

2017 NY Slip Op 4, 146 A.D.3d 406, 45 N.Y.S.3d 26

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

DecidedJanuary 3, 2017

Docket2338 100222/14

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 4 (Matter of Broadway Bretton, Inc. v. New York State Div. of Hous. & 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.

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Matter of Broadway Bretton, Inc. v. New York State Div. of Hous. & Community Renewal, 2017 NY Slip Op 4, 146 A.D.3d 406, 45 N.Y.S.3d 26 (N.Y. Ct. App. 2017).

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Opinion

Judgment, Supreme Court, New York County (Peter H. Moulton, J.), entered December 22, 2014, denying the petition to annul a determination of respondent New York State Division of Housing and Community Renewal (DHCR), dated December 27, 2013, which affirmed an order of the DHCR Rent *407 Administrator denying petitioner owner’s application for a major capital improvement (MCI) rent increase, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously reversed, without costs, on the law and in the exercise of discretion, the judgment vacated, respondent’s determination annulled, the petition granted, and the matter remanded to DHCR for further proceedings.

Under the circumstances of this case, where DHCR concedes that its investigator erred, and petitioner submitted the requested architect’s report, albeit tardily, it was arbitrary for DHCR to deny the MCI application (see 305 W. 18 Assoc. v New York State Div. of Hous. & Community Renewal, 158 AD2d 377 [1st Dept 1990]).

Concur — Friedman, J.P., Sweeny, Saxe and Kapnick, JJ.

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Judgment, Supreme Court, New York County (Peter H. Moulton, J.), entered December 22, 2014, denying the petition to annul a determination of respondent New York State Division of Housing and Community Renewal (DHCR), dated December 27, 2013, which affirmed an order of the DHCR Rent *407 Administrator denying petitioner owner’s application for a major capital improvement (MCI) rent increase, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously reversed, without costs, on the law and in the exercise of discretion, the judgment vacated, respondent’s determination annulled, the petition granted, and the matter remanded to DHCR for further proceedings.

Under the circumstances of this case, where DHCR concedes that its investigator erred, and petitioner submitted the requested architect’s report, albeit tardily, it was arbitrary for DHCR to deny the MCI application (see 305 W. 18 Assoc. v New York State Div. of Hous. & Community Renewal, 158 AD2d 377 [1st Dept 1990]).

Concur — Friedman, J.P., Sweeny, Saxe and Kapnick, JJ.

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Bluebook (online)

2017 NY Slip Op 4, 146 A.D.3d 406, 45 N.Y.S.3d 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-broadway-bretton-inc-v-new-york-state-div-of-hous-nyappdiv-2017.

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