Lenox Hill Apartments Inc. v. N.Y.S. Div. of Hous. & Cmty. Renewal

• Decision Date: 24 May 2018
• Docket Number: Index 102049/16,6679
• Citation: 161 A.D.3d 641,78 N.Y.S.3d 24
• Parties: In re LENOX HILL APARTMENTS INC., Petitioner–Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent–Appellant.
• Court: New York Supreme Court — Appellate Division

161 A.D.3d 641

78 N.Y.S.3d 24

In re LENOX HILL APARTMENTS INC., Petitioner–Respondent,

v.NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent–Appellant.

6679

Index 102049/16

Supreme Court, Appellate Division, First Department, New York.

ENTERED: MAY 24, 2018

Mark F. Palomino, New York (Sandra A. Joseph of counsel), for appellant.

Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., New York (Paul N. Gruber of counsel), for respondent.

Renwick, J.P., Manzanet–Daniels, Mazzarelli, Kapnick, Kahn, JJ.

Judgment, Supreme Court, New York County (Arlene P. Bluth, J.), entered March 28, 2017, upon the petition brought pursuant to CPLR article 78, directing respondent (DHCR) to issue a final order of deregulation of an apartment, unanimously affirmed, without costs.

On May 15, 2015, petitioner filed a Petition by Owner for High Income Rent Deregulation (OPD) with DHCR. The OPD indicated that the legal rent for the apartment and the tenants' total annual income exceeded the deregulation threshold, as the tenants certified on an Income Certification Form (ICF) (see Administrative Code of City of N.Y. §§ 26–504.3[a][2], [3] ). By the mandatory and explicit language of Administrative Code § 26–504.3(b), DHCR was required to issue an order of deregulation within 30 days after the filing of the OPD (see Matter of Classic Realty LLC v. New York State Div. of Hous. & Community Renewal, 2 N.Y.3d 142, 146, 777 N.Y.S.2d 1, 808 N.E.2d 1260 [2004] ; Pledge v. New York State Div. of Hous. & Community Renewal, 257 A.D.2d 391, 394, 683 N.Y.S.2d 76 [1st Dept. 1999], affd 94 N.Y.2d 851, 704 N.Y.S.2d 530, 725 N.E.2d 1092 [1999] ). It failed to do so, and, on December 20, 2016, more than a year and a half later, petitioner commenced this proceeding to compel DHCR to issue an order of deregulation.

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