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MATTER OF ARIAS v. PASCAL

9045, 114111/10.

102 A.D.3d 551 (2013)

958 N.Y.S.2d 374

2013 NY Slip Op 288

In the Matter of WILFREDO ARIAS, Doing Business as WILFREDO REALTY INC., Appellant, v. WOODY PASCAL, as Acting Deputy Commissioner of New York State Division of Housing and Community Renewal, et al., Respondents.

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

Decided January 22, 2013.

The court properly deferred to respondents' interpretation of Rent Stabilization Code (9 NYCRR) § 2522.9 and Operational Bulletin 2005-1, as their interpretation is rational (see Matter of Marzec v DeBuono, 95 N.Y.2d 262, 266 [2000]). Both section 2522.9 (b) (1) and the Bulletin, setting the permissible amount of the surcharge, contain language permitting only a prospective surcharge where a previously installed washing machine...

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