Legal Opinion
Rent Stabilization Ass'n of New York City, Inc. v. Higgins
New York Court of Appeals
Decided December 21, 1993PublishedCited by 69 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
Essentially two challenges are mounted by appellant property owners to regulations promulgated by respondent Division of Housing and Community Renewal (DHCR) enlarging the class of "family members” entitled to succeed to a rent-regulated apartment on the death or departure of the tenant of record. As did the Appellate Division, we conclude first that the regulations are within the agency’s rule-making authority, and second that no unconstitutional "taking” was effected.
I
We begin with the background of the challenged regulations. In response to what was…
2Cases cited26 opinions
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
- Loretto v. Teleprompter Manhattan CATV Corp.Supreme Court of the United States · 1982
- Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
- Yee v. City of EscondidoSupreme Court of the United States · 1992
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3Cited by69 opinions
- General Electric Capital Corp. v. New York State Division of Tax AppealsNew York Court of Appeals · 2004
- Manocherian v. Lenox Hill HospitalNew York Court of Appeals · 1994
- Murphy v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 2013
- Jewish Home & Infirmary of Rochester, New York, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1994
- Rocha v. Bakhter Afghan Halal Kababs, Inc.District Court, E.D. New York · 2014
64 more not listed; retrieve them via the Exa API.