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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As the Deputy Commissioner concluded, Rent Stabilization Code (9 NYCRR) § 2522.4 (a) (1) is the statutory remedy pursuant to which the Marrones were entitled to increase the rent for adding square footage to the apartment. However, rental adjustments for a “substantial increase ... of dwelling space” (Rent Stabilization Code [9 NYCRR] § 2522.4 [a] [1]) are to be calculated pursuant to Rent Stabilization Code (9 NYCRR) § 2522.4 (a) (4). In determining that the Marrones were entitled to a rental increase of $204.01 per month pursuant to Rent Stabilization Code (9 NYCRR) § 2522.4 (a) (1), the Deputy Commissioner deviated from the statutory calculations set forth in Rent Stabilization Code (9 NYCRR) § 2522.4 (a) (4). Accordingly, the determination to recalculate the legal regulated rent to be $1,200 per month, by including a rental increase of $204.01 per month, was arbitrary and capricious and did not have a rational basis in the record (see Matter of Rego Estates v *1048Division of Hous. & Community Renewal, 20 AD3d 539, 540-541 [2005]). Therefore, the Supreme Court properly annulled that portion of the determination, and remitted the matter for a new calculation of the legal regulated rent.

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