Matter of Boyd v New York State Div. of Hous. & Community Renewal
2014 NY Slip Op 04806 [23 NY3d 999]
June 26, 2014
Court of Appeals
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 8, 2014


[*1]
In the Matter of Kelley S. Boyd, Respondent,
v
New York State Division of Housing and Community Renewal et al., Appellants.

Decided June 26, 2014

Matter of Boyd v New York State Div. of Hous. & Community Renewal, 110 AD3d 594, reversed.

{**23 NY3d at 1000} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order reversed, with costs, judgment of Supreme Court, New York County, reinstated, and certified question answered in the negative. New York State Division of Housing and Community Renewal's determination denying tenant's petition for administrative review was not arbitrary or capricious, as tenant failed to set forth sufficient indicia of fraud to warrant consideration{**23 NY3d at 1001} of the rental history beyond the four-year statutory period (see Matter of Grimm v State of N.Y. Div. of Hous. & Community Renewal Off. of Rent Admin., 15 NY3d 358, 366-367 [2010]).

Concur: Chief Judge Lippman and Judges Graffeo, Read, Smith, Pigott, Rivera and Abdus-Salaam.