Matter of Boyd v New York State Div. of Hous. & Community Renewal

Matter of Boyd v New York State Div. of Hous. & Community Renewal 2014 NY Slip Op 04806 Decided on June 26, 2014 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 26, 2014
No. 177 SSM 13

[*1]In the Matter of Kelley S. Boyd, Respondent,

v

New York State Division of Housing and Community Renewal, et al., Appellants.

Submitted by Jack Kuttner, for appellant New York State Division of Housing and Community Renewal.

Submitted by David I. Paul, for appellants 232/242 Realty Co. LLC et al.

Submitted by Kenneth N. Rosenfeld, for respondent.

Association for Neighborhood and Housing Development et al.; CAMBA Legal Services; Bill Perkins et al.; Letitia James et al., amici curiae.

On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, judgment of Supreme Court, New York County, reinstated, and certified question answered in the negative. New York State Division of Housing and Community Renewal's determination denying tenant's petition for administrative review was not arbitrary or capricious, as tenant failed to set forth sufficient indicia of fraud to warrant consideration of the rental history beyond the four-year statutory period (see Matter of Grimm v State of N.Y. Div. of Hous. & Community Renewal Off. of Rent Admin., 15 NY3d 358, 366-367 [2010]). Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam concur.

Decided June 26, 2014