Matter of 245 Sullivan Ave, LLC v New York State Div. of Hous. & Community Renewal

Holding The court affirmed the denial of the petition, finding that DHCR’s determination that the building was not substantially rehabilitated was rationally based and not arbitrary. The court also held that the agency did not improperly deviate from precedent and that the petitioner received due process.

The court’s words

Judicial review of an administrative determination is generally limited to whether the determination was made in violation of lawful procedure

2026 NY Slip Op 06432, at the official text

DHCR's determination that the subject building had not been substantially rehabilitated within the meaning of Rent Stabilization Code

2026 NY Slip Op 06432, at the official text

DHCR did not improperly deviate from its precedent

2026 NY Slip Op 06432, at the official text

the record demonstrates that the petitioner was afforded an opportunity to be heard in a meaningful manner

2026 NY Slip Op 06432, at the official text