City of New York v. New York State Division of Housing & Community Renewal

The Court today concludes that a municipality’s reduction in the profits of landlords does not violate the Urstadt Law’s prohibition on “more stringent or restrictive” rent control regulation (L 1971, ch 372, as amended by L 1971, ch 1012 [McKinney’s Uncons Laws of NY § 8605]) so long as the reduction does not “enlarge [ ] the City’s regulatory control” (majority opn, at 227). Because this interpretation comports neither with the language nor the purpose of the Urstadt Law, I respectfully dissent.

There are three problems associated with the majority’s test, and I find them insurmountable.…