Browning School v. New York City Conciliation & Appeals Board

OPINION OF THE COURT

Norman C. Ryp, J.

Motions Nos. 2 and 67 are consolidated for disposition herein.

A. ISSUES

Whether nonprofit charitable or educational ownership, per se, or the dates of such ownership and tenancy determine ETPA exemption? An issue of first impression under the Omnibus Housing Act of 1983 (L 1983, ch 403) in this court.

Whether a nonprofit education institutional post-ETPA owner can deny a second renewal lease to a pre-ETPA tenant whose occupancy began under the 1971 Vacancy Decontrol Law (L 1971, ch 372).

*125B. FACTS AND PROCEDURAL HISTORY

Petitioner, the Browning School, in this…