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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Furthermore, the Deputy Commissioner’s reasoning that the outer perimeter of the apartment had not actually changed, because the Marrones merely unsealed a doorway, is unsound in light of the Deputy Commissioner’s own factual findings. The Deputy Commissioner specifically found that “the subject apartment had been configured as a two-bedroom apartment for at least 20 years” before the petitioner rented it, and that the two rooms that were added to the apartment had “never” been used while the building was owned by the Marrones. In light of these factual findings, it is irrational to conclude, as the Deputy Commissioner essentially did, that the petitioner’s apartment was always a four-bedroom unit because two rooms existed in the building which could have been made part of the apartment but were not.

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