Legal Opinion
Gaines v. New York State Division of Housing & Community Renewal
New York Court of Appeals
Decided October 16, 1997PublishedCited by 80 opinions
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
Petitioner Germaine Gaines commenced this CPLR article 78 proceeding to challenge respondent New York State Division of Housing and Community Renewal’s (DHCR) determination that the current landlord of her New York City rent-stabilized apartment was not liable for rent overcharges exacted by Cornelia Associates (Cornelia), a previous owner of the building.
Carryover liability for rent overcharges by predecessor landlords is authorized by a provision in the Rent Stabilization Code directing that, "[flor overcharge complaints filed or overcharges collected on or…
2Cases cited8 opinions
- Howard v. WymanNew York Court of Appeals · 1971
- Salvati v. EimickeNew York Court of Appeals · 1988
- Ansonia Residents Ass'n v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1989
- New York State Ass'n of Life Underwriters, Inc. v. New York State Banking DepartmentNew York Court of Appeals · 1994
- Versailles Realty Co. v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1990
3 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Stephen Fogel Psychological, P.C. v. Progressive Casualty InsuranceAppellate Division of the Supreme Court of the State of New York · 2006
- Charron v. WienerCourt of Appeals for the Second Circuit · 2013
- Muhammad v. New York City Transit AuthorityDistrict Court, E.D. New York · 2006
- Murphy v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 2013
- MATTER OF MARKOWITZ v. SerioNew York Court of Appeals · 2008
75 more not listed; retrieve them via the Exa API.