MATTER OF FOREST HILLS TENANTS ASSOCIATION v. JOY, 59 N.Y.2d 1007 (1983)

453 N.E.2d 1244, 466 N.Y.S.2d 955

In the Matter of FOREST HILLS TENANTS ASSOCIATION, Appellant, v. DANIEL W. JOY, as Commissioner of the Office of Rent Control of the City of New York, Respondent, and FALK ASSOCIATES, Intervenor-Respondent.

Court of Appeals of the State of New York.
Decided July 7, 1983

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MARTIN B. STECHER, J.

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Thomas C. Lambert for appellant.

Harry Michelson and Stephen H. Deutschmeister for respondent.

Gary M. Rosenberg and Blaine Z. Schwadel for intervenor-respondent.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The determination of the rent commissioner to include the salaries of three garage employees who rendered services to tenants throughout the apartment complex in labor costs for the purpose of adjusting maximum rents does not lack a rational basis. Moreover, the commissioner’s refusal to permit the tenants to examine the landlord’s records was not arbitrary or capricious, in view of his own thorough audit of the landlord’s expenses, the results of which were made available to the tenants (see Matter of Windsor Park Tenants’ Assn. v New York City Conciliation Appeals Bd., 59 A.D.2d 121; Matter of Jaffin v Weaver, 3 A.D.2d 196).

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed, with costs, in a memorandum.

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