Amherst Associates v. Amherst Housing Review Board

This case raises questions of statutory construction impacting the jurisdictional ambit of a municipal rent control board in the context of contentions that the presence of putative financial subsidies deprive the board of regulatory potencies.4

The record is devoid of factual dispute and, in relevant part, discloses the following:

The plaintiffs are the owner and manager of an apartment complex in the Town of Amherst known as “Crown Point Apartments” (hereinafter “Crown Point”). Defendants are the members of the Amherst Housing Review Board (hereinafter the “Board”) as well as the Town of…