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In re Estate of Goldman v. St. Div. of Hsg. [1st Dept 2000

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 2000
(N.Y. App. Div. Apr. 6, 2000)

Opinion

April 6, 2000.

Order, Supreme Court, New York County (Emily Goodman, J.), entered February 2, 1999, which denied the cross motion of New York State Division of Housing and Community Renewal ("DHCR") for remitittur, and granted intervenor-respondent tenant Robert Stromberg's motion for dismissal of the CPLR article 78 petition by which petitioner-appellant landlord, Estate of Sol Goldman, sought to challenge a determination of D.H.C.R. dated August 3, 1998, denying the owner's petition for administrative review of an order granting the Tenant's Fair Market Rent Appeal ("FMRA") and awarding the Tenant $46,982.83, unanimously reversed, on the law, without costs, the motion for remitittur granted, motion to dismiss the petition denied, and the matter remanded to DHCR for further proceedings on the merits.

Jeffrey Turkel, for petitioner-respondent-appellant.

Rudolph Rosa Di Sant, for respondent-appellant-respondent.

William F. McCartin, for intervenor-respondent-respondent.

NARDELLI, J.P., WILLIAMS, MAZZARELLI, WALLACH, LERNER, JJ.


The Rent Regulation Reform Act ("RRRA") of 1997, L. 1997, Ch. 116, in relevant part, provided for amendment of the New York City Administrative Code § 26-516(a) and (b). Both subsections now provide that, where the amount of rent set forth in an annual rent registration statement filed four years prior to the most recent registration statement is not challenged within four years of its filing, neither such rent nor service of any registration shall be subject to challenge at any time thereafter. This amendment applied to any action or administrative appeal pending before any forum on June 7, 1997 (See L. 1997 Ch. 116, § 33; Zafra v. Pilkes, 245 A.D.2d 218, 219).

The motion court erroneously concluded that the agency is barred by its own delay from reconsidering this FMRA, which was pending on June 7, 1997, under the post-RRRA standard. Administrative delay will not defeat the agency, absent a showing that the delay was willful or a result of negligence (See, e.g., Fichera v. DHCR, 233 A.D.2d 107, 108; see, also, Jahn v. DHCR, 140 A.D.2d 193, 194). The tenant makes no attempt to show that the delay herein was the result of negligence or willful conduct on the agency's part, and, despite the delay, the current law should govern (See, Reichman v. CAB, 117 A.D.2d 517, 519). The RRRA clearly specified that its terms were to take effect immediately and were to apply to any pending proceeding. As such, the proceeding must be remanded to DHCR for consideration on the merits.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

In re Estate of Goldman v. St. Div. of Hsg. [1st Dept 2000

Appellate Division of the Supreme Court of New York, First Department
Apr 6, 2000
(N.Y. App. Div. Apr. 6, 2000)
Case details for

In re Estate of Goldman v. St. Div. of Hsg. [1st Dept 2000

Case Details

Full title:IN RE APPLICATION OF THE ESTATE OF SOL GOLDMAN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 6, 2000

Citations

(N.Y. App. Div. Apr. 6, 2000)