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In the Matter of Kelley S. Boyd, Respondent,v.New York State Division of Housing and Community Renewal, et al., Appellants.

Brief

17 Cited authorities

  1. Pell v. Board of Education

    34 N.Y.2d 222 (N.Y. 1974)   Cited 5,554 times   1 Legal Analyses
    Discussing the standard of review in an Article 78 appeal

  2. Roberts v. Tishman Speyer Properties

    2009 N.Y. Slip Op. 7480 (N.Y. 2009)   Cited 372 times
    In Roberts, this Court rejected DHCR's long-standing statutory interpretation and concluded that luxury deregulation was unavailable in any building during receipt of J–51 benefits (13 N.Y.3d at 285–287, 890 N.Y.S.2d 388, 918 N.E.2d 900).

  3. Grimm v. State

    2010 N.Y. Slip Op. 7379 (N.Y. 2010)   Cited 245 times
    Vacating DHCR's denial of overcharge petition and remanding to consider fraud allegations and the reliability of the base date rent where the landlord had significantly increased the rent, offered leases without a rent stabilization rider, required tenants to make improvements at their own expense or pay increased rent, and failed to register the apartment for several years until after service of the complaint

  4. Partnership v. New York

    46 A.D.3d 425 (N.Y. App. Div. 2007)   Cited 220 times
    In Partnership 92 LP, as in this case, the tenant who rented the apartment was listed as the tenant of record for more than one rent-stabilized apartment in the building.

  5. Terrace Court, LLC v. Division of Housing & Community Renewal

    2012 N.Y. Slip Op. 1100 (N.Y. 2012)   Cited 76 times
    Noting that an agency may change an interpretation if it offers an adequate explanation

  6. 72A Realty Assocs. v. Lucas

    101 A.D.3d 401 (N.Y. App. Div. 2012)   Cited 57 times
    In Lucas, the Appellate Division held that the four-year lookback rule should not be applied, even though the court did not find a colorable claim of fraud, in part because the rent charged four years prior to the complaint was a free market rent following improper deregulation.

  7. 985 Fifth Avenue Inc. v. State Division of Housing & Community Renewal

    171 A.D.2d 572 (N.Y. App. Div. 1991)   Cited 69 times

    March 26, 1991 Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.). Petitioner, the owner and landlord of the premises at 985 Fifth Avenue in Manhattan, was the subject of a rent overcharge complaint by the tenant of apartment 16B. The tenant had taken occupancy pursuant to a three year lease commencing on October 1, 1982 at a monthly rental of $2,851.00. On February 4, 1985, respondent State Division of Housing and Community Renewal (DHCR) informed the landlord of the pendency

  8. Jemrock Realty Co. v. Krugman

    2010 N.Y. Slip Op. 211 (N.Y. 2010)   Cited 31 times

    No. 59 SSM 59. Decided January 14, 2010. APPEAL, by permission of the Appellate Division of the Supreme Court in the First Judicial Department, from an order of that Court, entered May 19, 2009. The Appellate Division affirmed an order of the Appellate Term of the Supreme Court in the First Judicial Department (op 18 Misc 3d 15), which had (1) reversed an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered after a non-jury trial, to the extent it determined

  9. Boyd v. N.Y. State Div. of Hous. & Cmty. Renewal

    110 A.D.3d 594 (N.Y. App. Div. 2013)   Cited 22 times

    2013-10-29 In re Kelley S. BOYD, Petitioner–Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, et al., Respondents–Respondents, C–Uptown Realty, et al., Respondents. Kelley S. Boyd, appellant pro se. Gary R. Connor, New York (Jack Kuttner of counsel), for New York State Division of Housing and Community Renewal, respondent. MAZZARELLI Kelley S. Boyd, appellant pro se.Gary R. Connor, New York (Jack Kuttner of counsel), for New York State Division of Housing and Community Renewal

  10. Transport Workers v. Schwartz

    32 A.D.3d 710 (N.Y. App. Div. 2006)   Cited 23 times

    7311, 7312. September 14, 2006. Order, Supreme Court, New York County (Charles E. Ramos, J.), entered March 18, 2005, which, in the above-entitled Action No. 1, insofar as appealed from, granted the motion by defendants Alan G. Schwartz, Glen Allen Associates, Ltd. and Glen Equities, Ltd. for summary judgment dismissing the first, second and fourth causes of action of plaintiffs' first amended complaint, unanimously affirmed, without costs. Order, same court and Justice, entered April 4, 2005, which

  11. Section 2520.6 - Definitions

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2520.6   Cited 192 times

    (a) Housing accommodation. That part of any building or structure, occupied or intended to be occupied by one or more individuals as a residence, home, dwelling unit or apartment, and all services, privileges, furnishings, furniture and facilities supplied in connection with the occupation thereof. The term housing accommodation will also apply to any plot or parcel of land which had been regulated pursuant to the City of Rent Law prior to July 1, 1971, and which became subject to the RSL after June

  12. Section 2526.1 - Determination of legal regulated rents; penalties; fines; assessment of costs; attorney's fees; rent credits; where the proceeding is commenced prior to June 14, 2019

    N.Y. Comp. Codes R. & Regs. tit. 9 § 2526.1   Cited 137 times
    Setting forth sanctions for rent overcharges