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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grimm v. State, 15 N.Y.3d 358 (2010)

Citation
Grimm v. State, 15 N.Y.3d 358 (2010)
Parent Document
Grimm v. State, 15 N.Y.3d 358 (2010)
Jurisdiction
New York (state)
Effective Date
2010-10-19

Full Text

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The majority’s justification for this result is that “the overcharge complaint alleges fraud” and that there are “indicia of fraud”—consisting essentially of allegations that the landlord lied to previous tenants about what the legal maximum rent was (majority op at 366). In other words, the majority seems to equate “fraud” with a wilful overcharge—as though the *369four-year limit were applicable only to landlords who overcharge by mistake. In fact, the statute contains its own remedy for wilful overcharges: treble damages (RSL § 26-516 [a]). It does not make the four-year limitation inapplicable in wilful overcharge cases—cases which, as the Legislature certainly knew, are a large number of the cases to which the limitation on its face applies.