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MATTER OF WEST 97TH STREET REALTY CORP. v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL

51 A.D.3d 586 (2008)

859 N.Y.S.2d 134

In the Matter of WEST 97TH STREET REALTY CORP., Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and CENTRAL PARK GARDENS TENANTS' ASSOCIATION, Intervenor-Respondent.

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

Decided May 29, 2008.

The Division of Housing and Community Renewal's determination that the garage operator was not an independent contractor, and that the ancillary service exemption under Rent Stabilization Code (9 NYCRR) § 2520.6 (r) (4) (xi) does not apply to a garage formerly subject to regulation under the Mitchell-Lama Law, was not arbitrary and capricious or without a rational basis in the administrative record. The interpretation of statutes...

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