Sky View Housing Associates v. Arasin

OPINION OF THE COURT

Memorandum.

Final judgment and order affirmed, with $25 costs.

The premises herein is an “unsubsidized insured project” refinanced under the Department of Housing and Urban Development (HUD) (see 24 CFR Part 403, subpart B). Those regulations have been interpreted as permitting HUD to pre-empt local rent laws with regard to the setting of rent but not as providing for an automatic pre-emption (Sokol Apts, v Berlenghi, NYLJ, Jan. 11, 1979, p 14, col 5, revd on other grounds 71 AD2d 622). In the case at bar, there has been no application on the part of the petitioner *813for…