Tuesday, February 6, 2007

What is the standard for judicial review of an administrative decision regarding whether an apartment is rent stabilized?

A minimal showing is sufficient, according to the First Department in Matter of M & E Christopher v. NYS Division of Housing and Community Renewal, decided on February 5, 2007. "The determination that the apartments remain subject to rent stabilization had a rational basis in the record." The Court noted that the petitioner had not substantiated its claim that respondent "was an employee who was permitted to live in the apartments rent-free or that the apartments were deregulated due to the occupancy of a deregulated tenant."