Velasquez v. New York State Division of Housing & Community Renewal, 130 A.D.3d 1045 (2015)

Citation: Velasquez v. New York State Division of Housing & Community Renewal, 130 A.D.3d 1045 (2015)
Parent Document: Velasquez v. New York State Division of Housing & Community Renewal, 130 A.D.3d 1045 (2015)
Jurisdiction: New York (state)
Effective Date: 2015-07-29
Original Source: https://www.courtlistener.com/opinion/6194996/velasquez-v-new-york-state-divi... ↗

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“[I]n a CPLR article 78 proceeding to review a determination of the DHCR, the court is limited to . . . the question of whether its determination was arbitrary and capricious and without a rational basis” (Matter of 36-08 Queens Realty v New York State Div. of Hous. & Community Renewal, 222 AD2d 440, 441 [1995]; see Matter of Acevedo v New York State Div. of Hous. & Community Renewal, 67 AD3d 785 [2009]). In reviewing a determination of the DHCR, “[t]he court may not *1047substitute its judgment for that of the DHCR” (Matter of 85 E. Parkway Corp. v New York State Div. of Hous. & Community Renewal, 297 AD2d 675, 676 [2002]). “The DHCR’s interpretation of the statutes and regulations it administers, if reasonable, must be upheld” (id. at 676; see Matter of Kripalani v State of N.Y. Div. of Hous. & Community Renewal, 126 AD3d 904 [2d Dept 2015]).

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