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GRIMM v. STATE OF N.Y.

5419

68 A.D.3d 29 (2009)

2009 NY Slip Op 6653

886 N.Y.S.2d 111

In the Matter of SYLVIE GRIMM, Respondent, v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL OFFICE OF RENT ADMINISTRATION, Appellant, and 151 OWNERS CORP., Intervenor-Appellant.

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

Decided September 24, 2009.

Attorney(s) appearing for the Case

Gary R. Connor, New York City (Martin B. Schneider of counsel), for appellant.

Belkin Burden Wenig & Goldman, LLP, New York City (Magda L. Cruz, Sherwin Belkin, S. Stewart Smith and Kristine L. Grinberg of counsel), for intervenor-appellant.

Kenneth B. Hawco, New York City, for respondent.

ANDRIAS, J.P., and CATTERSON, J., concur with ACOSTA, J.; FRIEDMAN and BUCKLEY, JJ., dissent in a separate opinion by BUCKLEY, J.

OPINION OF THE COURT

ACOSTA, J.

In this appeal we are asked to consider the obligation of respondent Division of Housing and Community Renewal (DHCR) when a rent overcharge complainant makes a colorable argument that there are genuine issues that an owner committed fraud by charging an illegal rent, even if more than four years passed before the complaint was filed.

The basic facts are undisputed. The rent-stabilized apartment at issue was registered...

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