Legal Opinion · Dissent

Boyd v. New York State Division of Housing

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

Decided October 29, 2013Published

1Dissent

Sweeny and Gische, JJ.,

dissent in a memorandum by Gische, J., as follows: I respectfully dissent. I do not agree with the ma*596jority, that petitioner presented sufficient evidence of a fraudulent increase in the legal registered rent for the subject apartment, justifying the examination of the apartment’s rental history beyond the statutory four-year look-back period (see Rent Stabilization Law of 1969 [Administrative Code of City of NY] § 26-516 [a] [2]).

Petitioner, who moved into the subject apartment in March 2007 pursuant to a one-year lease at a monthly rent of $2,000, filed a rent…

2Cases cited4 opinions

  1. Roberts v. Tishman Speyer Properties, L.P.New York Court of Appeals · 2009
  2. Grimm v. StateNew York Court of Appeals · 2010
  3. Thornton v. BaronNew York Court of Appeals · 2005
  4. I.G. Second Generation Partners, L.P. v. New York State Division of Housing & Community RenewalAppellate Division of the Supreme Court of the State of New York · 2001

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