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MTR. OF CINTRON v. CALOGERO

No. 150

15 N.Y.3d 347 (2010)

In the Matter of OSCAR CINTRON, Appellant, v. JUDITH A. CALOGERO, as Commissioner of the Division of Housing and Community Renewal of the State of New York, Respondent.

Court of Appeals of New York.

Decided October 19, 2010.

Attorney(s) appearing for the Case

BAS Legal Advocacy Program, Inc., Bronx ( Randolph Petsche of counsel), for appellant.

Gary R. Connor , General Counsel, New York State Division of Housing and Community Renewal, New York City ( Martin B. Schneider of counsel), for respondent.

South Brooklyn Legal Services, Brooklyn ( John C. Gray , Edward Josephson and Pavita Krishnaswamy of counsel) and Queens Legal Services, Jamaica ( Heejung Kook of counsel), for Pratt Area Community Council and others, amici curiae.

Legal Aid Society, Brooklyn ( Steven Banks , Patrick J. Langhenry , Stephen Myers and Jamila Wideman of counsel), for Met Council, Inc., amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, PIGOTT and JONES concur with Judge CIPARICK; Judge SMITH dissents and votes to affirm in a separate opinion.

OPINION OF THE COURT

CIPARICK, J.

On this appeal, we are asked to interpret the Rent Stabilization Law to ascertain the consequences on a current rent overcharge claim of two rent reduction orders issued prior to, but in effect during, the four-year period preceding the filing of an overcharge claim. We conclude that the Division of Housing and Community Renewal (DHCR) should, in calculating any rent overcharge...

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