H.O. Realty Corp. v. State of New York Division of Housing

Sweeny, J. (dissenting).

Because the majority now departs from long-standing precedent concerning the four-year statute of limitations in residential rent overcharge actions, I must respectfully dissent.

“In reviewing an administrative agency determination, we must ascertain whether there is a rational basis for the action in question or whether it is arbitrary and capricious” (Matter of Gilman v New York State Div. of Hous. & Community Renewal, 99 NY2d 144, 149 [2002]). Neither the Division of Housing and Community Renewal’s nor the IAS court’s finding of willfulness was arbitrary and…