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CLASSIC REALTY v. DHCR

309 A.D.2d 205 (2003)

763 N.Y.S.2d 271

In the Matter of CLASSIC REALTY LLC, Appellant, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

August 7, 2003.

Attorney(s) appearing for the Case

Jeffrey R. Metz of counsel (Borah, Goldstein, Altschuler, Schwartz & Nahins, P.C., attorneys), for appellant.

Roderick J. Walters of counsel (Carl Eckstein on the brief; Marcia P. Hirsch, attorney), for respondent.

MAZZARELLI and GONZALEZ, JJ., concur with TOM, J.P.; SULLIVAN and WILLIAMS, JJ., dissent in a separate opinion by SULLIVAN, J.

OPINION OF THE COURT

TOM, J.P.

This case brings up for review the question whether a landlord under the factual circumstances of this case, having made an initial successful application for luxury decontrol, is entitled to a further inquiry when a tenant thereafter amends a previously submitted tax return which is then administratively certified to qualify the tenant to remain rent stabilized.

Petitioner owns the cooperative shares allocated to the...

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