Legal Opinion

Hicks v. New York State Division of Housing & Community Renewal

Appellate Division of the Supreme Court of the State of New York

Decided May 11, 2010PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Tom, J.P.

In this CPLR article 78 proceeding, Supreme Court determined that the four-year statute of limitations under CPLR 213-a applies to a rent overcharge proceeding brought by a rent-controlled tenant, and held that respondent Division of Housing *129and Community Renewal (DHCR) impermissibly examined the rental history of the premises covering more than four years prior to the filing of tenant’s rent overcharge complaint. We conclude that CPLR 213 a does not apply to rent-controlled apartments or to administrative proceedings before DHCR. Furthermore, DHCR’s determination…

2Cases cited14 opinions

  1. Kovarsky v. Housing & Development AdministrationNew York Court of Appeals · 1972
  2. People v. FinneganNew York Court of Appeals · 1995
  3. Gaines v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1997
  4. Rent Stabilization Ass'n of New York City, Inc. v. HigginsNew York Court of Appeals · 1993
  5. 8200 Realty Corp. v. LindsayNew York Court of Appeals · 1970

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3Cited by9 opinions

  1. Montane v. EvansAppellate Division of the Supreme Court of the State of New York · 2014
  2. Concourse Rehabilitation & Nursing Center, Inc. v. NovelloAppellate Division of the Supreme Court of the State of New York · 2011
  3. Matter of Ammar v. OlatoyeAppellate Division of the Supreme Court of the State of New York · 2016
  4. Nur Ashki Jerrahi Community v. New York City Loft BoardAppellate Division of the Supreme Court of the State of New York · 2010
  5. 1234 Broadway, LLC v. Division of Housing & Community RenewalNew York Supreme Court · 2013

4 more not listed; retrieve them via the Exa API.

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