Cintron v. Calogero
Decision Date | 19 October 2010 |
Parties | 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 | New York Court of Appeals Court of Appeals |
15 N.Y.3d 347
938 N.E.2d 931
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.
Oct. 19, 2010.
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.
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, honor rent reduction orders that, while issued prior to the four-year limitations period, remained in effect during that period.
I.
In 1986, petitioner Oscar Cintron became a tenant of 2975 Decatur Avenue, apartment 5C, in the Bronx, at an initial stabilized rent of $348.91 per month. The following year, petitioner filed a complaint with DHCR against the building's then owner, alleging a decrease in services related to, among other things, the apartment's refrigerator, door lock and fire escape window. As a result of the complaint, DHCR issued an order reducing petitioner's rent "by the percentage of the most recent guidelines adjustment for the tenant's lease which commenced before the effective date of th[e] rent reduction [order]," and providing that the owner could not collect any rent
In 1989, petitioner filed another complaint with DHCR, alleging a roach infestation of the apartment's stove. DHCR issued another rent reduction order. Despite the 1987 and 1989 rent reduction orders, however, the owner failed to make any repairs and continued to charge petitioner the unreduced rent.
In 1991, when the current owner purchased the building, petitioner allegedly advised him of the rent reduction orders. Although the current owner apparently also failed to make any repairs, petitioner continued to pay the unreduced rent and entered into a series of leases requiring him to pay greater rents.
On December 11, 2003, petitioner filed a complaint alleging that the rent of $579.99
Petitioner sought administrative review of the Rent Administrator's order. DHCR granted the petition for administrative review to the extent of modifying the order by (1) reversing the portion of the order that denied treble damages and (2) awarding treble damages beginning two years prior to the filing of the overcharge complaint. DHCR denied the remainder of petitioner's challenges, concluding that the Rent Administrator properly limited recovery to the four years preceding the overcharge
Petitioner commenced this CPLR article 78 proceeding seeking to annul DHCR's order. Supreme Court denied the petition and dismissed the proceeding, concluding that DHCR's determination was not arbitrary or capricious and had a rational basis.
On petitioner's appeal, the Appellate Division affirmed, holding:
"The order, finding the base rent date to be December 11, 1999 (four years prior to the filing of the overcharge complaint), establishing the legal base rent as the amount paid on that date, freezing that rent until February 1, 2004, during which time rent reduction orders were extant, and directing the owner to refund overcharges collected from the base rent date inclusive of treble damages, was not arbitrary and capricious, and had a rational basis" ( Matter of Cintron v. Calogero, 59 A.D.3d 345, 346, 874 N.Y.S.2d 76 [1st Dept.2009] [citations omitted] ).1
Petitioner appealed to this Court by permission of the Appellate Division, which certified...
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