Appellate Division of the Supreme Court of the State of New York January 31, 2012 (SP 141 E 33 LLC v. New York State Division of Housing & Community Renewal)

DHCR’s determination to revoke petitioner’s MCI rent increase was rationally based in the record and was not arbitrary and capricious (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222, 231 [1974]; Matter of 370 Manhattan Ave. Co., L.L.C. v New York State Div. of Hous.