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MATTER OF GILMAN v. DHCR

99 N.Y.2d 144 (2002)

782 N.E.2d 1137

753 N.Y.S.2d 1

In the Matter of ANNE GILMAN, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL et al., Respondents.

Court of Appeals of the State of New York.

Decided November 21, 2002.

Attorney(s) appearing for the Case

Robert E. Levy, New York City, for appellant.

Sheldon Melnitsky, New York City, Marcia P. Hirsch and Nava Listokin for New York State Division of Housing and Community Renewal, respondent.

Chief Judge KAYE and Judges SMITH and CIPARICK concur with Judge WESLEY; Judge GRAFFEO dissents and votes to affirm in a separate opinion in which Judges LEVINE and ROSENBLATT concur.

OPINION OF THE COURT

WESLEY, J.

In this proceeding brought by petitioner tenant to determine the proper initial rent for her rent-stabilized apartment, the Division of Housing and Community Renewal (DHCR) overturned the Rent Administrator's determination and set a higher initial rent based on data first submitted by the owner on appeal nearly a full decade after the tenant commenced her proceeding. We conclude...

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