Boyd v. New York State Division of Housing

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…