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

Appellate Division of the Supreme Court of New York

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

169 A.D.2d 677, 565 N.Y.S.2d 56, 1991 N.Y. App. Div. LEXIS 797

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

DecidedJanuary 31, 1991

StatusPublished

This text of 169 A.D.2d 677 (Schur v. New York State 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

Schur v. New York State Division of Housing & Community Renewal, 169 A.D.2d 677, 565 N.Y.S.2d 56, 1991 N.Y. App. Div. LEXIS 797 (N.Y. Ct. App. 1991).

Pincite

Opinion

Order, Supreme Court, Bronx County (Lewis Friedman, J.) entered August 2, 1989, which granted the petition seeking to annul the respondent Commissioner’s determination to roll back rents to a level existing two years previous and remanded the matter for further proceedings, unanimously affirmed, without costs.

The Commissioner’s express reliance upon a second inspection report was, under the circumstances, arbitrary and capricious. The second inspection was conducted some 19 months after the tenant’s initial complaint, and some 13 months after an October 1986 inspection, wherein apparently it was determined that insufficient basis existed for the complaint. The Commissioner’s argument that the second inspection was a continuation of the 1986 inspection is nowhere indicated in the record, and in fact, is belied by the Commissioner’s own written roll-back order, dated September 30, 1988.

We have reviewed the parties’ remaining contentions and find them to be without merit. Concur—Sullivan, J. P., Carro, Rosenberger, Ellerin and Kupferman, JJ.

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Order, Supreme Court, Bronx County (Lewis Friedman, J.) entered August 2, 1989, which granted the petition seeking to annul the respondent Commissioner’s determination to roll back rents to a level existing two years previous and remanded the matter for further proceedings, unanimously affirmed, without costs.

The Commissioner’s express reliance upon a second inspection report was, under the circumstances, arbitrary and capricious. The second inspection was conducted some 19 months after the tenant’s initial complaint, and some 13 months after an October 1986 inspection, wherein apparently it was determined that insufficient basis existed for the complaint. The Commissioner’s argument that the second inspection was a continuation of the 1986 inspection is nowhere indicated in the record, and in fact, is belied by the Commissioner’s own written roll-back order, dated September 30, 1988.

We have reviewed the parties’ remaining contentions and find them to be without merit. Concur—Sullivan, J. P., Carro, Rosenberger, Ellerin and Kupferman, JJ.

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Bluebook (online)

169 A.D.2d 677, 565 N.Y.S.2d 56, 1991 N.Y. App. Div. LEXIS 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schur-v-new-york-state-division-of-housing-community-renewal-nyappdiv-1991.