Kerr v. Urstadt

These two motions under calendar No. 10 of February 9, 1973 and No. 43 of March 5, 1973 are consolidated for disposition.

Petitioners Kerr and Leventhal, in their respective capacities as New York City Housing and Development Administrator and as Commissioner of the Department of Rent and Housing Maintenance, apply, pursuant to article 78 of the CPLR, for a judgment declaring chapter 1012 of the Laws of 1971 (amdg. Local Emergency Housing Rent Control Act, L. 1962, ch. 21, § 1, subd. 5) unconstitutional, and vacating and annulling the respondents’ determination by which Amendment No. 33 of the…