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H.O. REALTY v. STATE OF NY

46 A.D.3d 103 (2007)

844 N.Y.S.2d 204

In the Matter of H.O. REALTY CORPORATION, Appellant, v. STATE OF NEW YORK DIVISION OF HOUSING AND COMMUNITY RENEWAL, Respondent, and WAEL HAGGIAGI, Intervenor-Respondent.

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

October 16, 2007.

Attorney(s) appearing for the Case

Berman & Frumkin, LLP, New York City (Jacob Frumkin and Michael T. Fois of counsel), for appellant.

David B. Cabrera, New York City (Jeffrey G. Kelly of counsel), for New York State Division of Housing and Community Renewal, respondent.

Murray Shactman, New York City, for Wael Haggiagi, respondent.

SULLIVAN and MALONE, JJ., concur with KAVANAGH, J.; MAZZARELLI, J.P., and SWEENY, J., dissent in a separate opinion by SWEENY, J.

OPINION OF THE COURT

KAVANAGH, J.

The only issue warranting this Court's review is the decision by respondent Division of Housing and Community Renewal (DHCR) to apply the four-year limitation period in the Rent Regulation Reform Act of 1997 to evidence submitted on the question of an owner's willfulness when found to have charged an unlawful rent. Such evidence, assuming it is otherwise admissible, should be considered...

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