New York Court of Appeals

In the Matter of Anne Gilman v. New York State Division of Housing and Community Renewal

November 21, 200299 N.Y.2d 144

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the Division of Housing and Community Renewal (DHCR) could not consider new comparability data at the petition for administrative review (PAR) stage without a showing of good cause, and remanded for further proceedings. The court found the RRRA of 1997 applied to fair market rent appeals but did not waive the good‑cause requirement for new evidence, and noted a dissent arguing the opposite.