Amalgamated Housing Corp. v. Kelly

This is a proceeding by plaintiff, a limited dividend housing company, to condemn a parcel of real property for low-rent housing for persons of low income. The principal question presented relates to the constitutionality and construction of a provision in the Public Housing Law, pursuant to which this proceeding is brought.(1) Defendants, opposing condemnation, challenge the constitutionality of the provision, in section 135 of the Public Housing Law, which declares that, in any proceeding to acquire property, the certificate issued by the State Housing Commissioner shall be “ conclusive…