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

*670OPINION OF THE COURT

John R. LaCava, J.

This is a CPLR article 78 proceeding in which petitioner seeks to annul and vacate respondent New York State Division of Housing and Community Renewal’s (DHCR) determination denying his application to exempt the premises located at 250 Winfred Avenue, Yonkers, New York from the requirements of the Emergency Tenant Protection Act of 1974 (ETPA; McKinney’s Uncons Laws of NY § 8621 et seq. [L 1974, ch 576, §4]). It raises an apparent issue of first impression: whether a municipally mandated and involuntary reduction of the number of dwelling units of a…