Legal Opinion

KSLM-Columbus Apartments, Inc. v. New York State Division of Housing

New York Court of Appeals

Decided June 14, 2005PublishedCited by 42 opinions

1Opinion of the Court

OPINION OF THE COURT

G.B. Smith, J.

In this appeal by the Division of Housing and Community Renewal (DHCR), the issue is whether buildings previously constructed and operated pursuant to the Mitchell-Lama program are made subject to the Rent Stabilization Law of 1969 (RSL) by the RSL itself, or by the Emergency Tenant Protection Act of 1974 (ETPA). We conclude that apartments inhabited continuously since before July 1, 1971 were made subject to stabilization by the RSL, and those in which there has been a vacancy on or after July 1, 1971 were made subject to stabilization by the ETPA. In 1967…

2Cases cited8 opinions

  1. Kurcsics v. Merchants Mutual InsuranceNew York Court of Appeals · 1980
  2. Rosen v. Public Employment Relations BoardNew York Court of Appeals · 1988
  3. Federal Home Loan Mortgage Corp. v. New York State Division of Housing & Community RenewalNew York Court of Appeals · 1995
  4. In Re the Liquidation of Union Indemnity InsuranceNew York Court of Appeals · 1998
  5. Zeitlin v. New York City Conciliation & Appeals BoardNew York Court of Appeals · 1979

3 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Mendel v. Henry Phipps Plaza West, Inc.New York Court of Appeals · 2006
  2. In the Matter of Schorr v. New York City Department of Housing Preservation and DevelopmentNew York Court of Appeals · 2008
  3. O'Brien v. SpitzerNew York Court of Appeals · 2006
  4. In Re ArmenakisUnited States Bankruptcy Court, S.D. New York · 2009
  5. New York City Campaign Finance Board v. OrtizAppellate Division of the Supreme Court of the State of New York · 2006

37 more not listed; retrieve them via the Exa API.

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