Arnett v. Lefkowitz

This article 78 proceeding presents the question whether decontrolled apartments may be counted in determining whether a plan to co-operate an apartment building meets the requirement that 35% of the tenants in occupancy agree to purchase their apartments (Administrative Code of City of New York, § YY51-6.0, subd. c, par. [9], cl. [a] ; Code of the Beal Estate Industry Stabilization Association, § 61, adopted pursuant thereto).

Petitioners, various tenants of 1250 Ocean Parkway, Brooklyn, whose apartments are subject to rent stabilization (Administrative Code, § YY51-1.0 et seq.), contend that…