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IN THE MATTER OF WHITEHOUSE ESTATES, INC. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

5 A.D.3d 190 (2004)

772 N.Y.S.2d 807

In the Matter of WHITEHOUSE ESTATES, INC., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 11, 2004.

Respondent's finding that the pointing and masonry work in question was not done "as necessary," as required by Rent Stabilization Code (9 NYCRR) § 2502.4 (a) (2) (ii) (19) to qualify as a major capital improvement, is rationally supported by an inspection report showing significant cracking to the exterior of the building six years after the work was done, which inspection was performed pursuant to tenant complaints about the work submitted to the Rent Administrator...

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