Brooklyn Hous. and Family Servs. v. Lynch

(N.Y. Sup. Ct. Kings County, filed Apr. 17, 2001) ; Clearinghouse Number: 53886

Description

Tenant Organizations Challenge Amendments to New York Rent Stabilization Regulations

Abstract

Plaintiffs—low- and moderate-income tenants and tenant organizations in rent-stabilized housing in Brooklyn—asked a state court to annul recent amendments to the Rent Stabilization Code. They argue that the amendments violate the rent stabilization law and the state Administrative Procedure Act. The rent stabilization law seeks to prevent unreasonable rent increases and forestall profiteering and speculation in the housing market. Plaintiffs allege that the new regulations gut tenant protections by, for example, inhibiting tenants’ ability to challenge illegal rents or seek rent reductions when a landlord does not maintain an apartment. Plaintiffs assert that defendants—New York State Division of Housing and Community Renewal and its commissioner—exceeded their statutory authority and did not adequately describe to the public the scope and effect of the changes before promulgating the amendments. Plaintiffs claim that the distributed text of the revised Code does not indicate changes by redlining or strikeout marks, and the summaries of changes are incomplete. Plaintiffs further allege that defendants failed to consider alternatives or the effect of the proposed changes on tenants or revise the regulatory impact statement in response to public input. Plaintiffs seek costs and attorney fees besides the annulment of the new regulations.

Additional Information

Attorney Information
Plaintiffs represented by Scott A. Rosenberg, Judith Goldiner, Legal Aid Society, 90 Church Street, New York NY 10007 (212.577.3332); John C. Gray, Edward Josephson, Brooklyn Legal Services Corp. B, 105 Court Street, Brooklyn NY 11201 (718.237.5538); David Robinson, Sandra Russo, Legal Services for New York City, 186 Joralemon Street, Brooklyn NY 11201 (212.431.7200); William Gribben, Himmelstein McConnell & Gribben, 15 Maiden Lane, 17th Floor, New York NY 10038 (212.349.3000)
Docket Date
2001-05-17 00:00:00+00:00

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