Justice Yvonne Lewis
Petitioners sought judicial review of orders issued by Division of Housing & Community Renewal (DHCR). The orders revoked certain orders of the rent administrator which calculated the maximum base rents (MBR) for rent-controlled apartments under the standard MBR formula. DHCR cross-moved for dismissal of the proceeding on statute of limitations grounds. A Deputy Commissioner found that as the subject apartments were substantially rehabilitated with government financing, the standard MBR formula previously used to establish MBRs for the apartments at 100 Broadway was contrary to the subject regulation as such accommodations were specifically excluded from them. Petitioners argued DHCR failed to comply with its own regulations by reconsidering the order without first making a finding of illegality in a vital matter or fraud. The court found the DHCR acted within its jurisdiction and authority vested on the agency by statute. It ruled that as the gravamen of petitioners’ claims were not in the nature of prohibition under CPLR 7803(2), the applicable statute of limitations served to preclude judicial review of the agency’s actions, granting DHCR’s motion to dismiss the petition as untimely.
