MATTER OF SOL GOLDMAN v. New York State Division of Housing and Community Renewal

• Decision Date: 28 March 2000
• Citation: 270 A.D.2d 169,706 N.Y.S.2d 381
• Court: New York Supreme Court — Appellate Division
• Parties: In the Matter of the ESTATE OF SOL GOLDMAN, Deceased, Respondent-Appellant,<BR>v.<BR>NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant-Respondent, and ROBERT STROMBERG, Intervenor-Respondent.

270 A.D.2d 169

706 N.Y.S.2d 381

In the Matter of the ESTATE OF SOL GOLDMAN, Deceased, Respondent-Appellant,

v.NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant-Respondent, and ROBERT STROMBERG, Intervenor-Respondent.

Decided March 28, 2000.

Concur — Nardelli, J. P., Williams, Mazzarelli, Wallach and Lerner, JJ.

The Rent Regulation Reform Act of 1997([RRRA] L 1997, ch 116), in relevant part, provided for amendment of the Administrative Code of City of New York§ 26-516 (a) and (b).Both subdivisions 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 AD2d 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., Matter of Fichera v New York State Div. of Hous. & Community Renewal,233 AD2d 107, 108;see also, Matter of Jahn v Division of Hous. & Community Renewal,140 AD2d 193, 194).The tenant makes no attempt to...