117 Misc. 2d 783 | N.Y. Sup. Ct. | 1982
OPINION OF THE COURT
Motions under Calendars Nos. 131 and 132 of November 10, 1981 are consolidated for disposition.
This article 78 proceeding seeks to enjoin respondents from taking any steps to close down the premises 272, 274, and 278 East Seventh Street, to include denying petitioners heat, water and other essential services. Respondents cross-move to dismiss and move to vacate and set aside the stay of summary holdover proceedings in the Civil Court pending the hearing of this article 78 proceeding.
This application concerns the implementation of policies adopted by the City of New York and the Department of Housing Preservation and Development. Title to the subject premises vested in the city through in rem tax foreclosure. The buildings were transferred by the Division of Real Property to the respondent, Department of Housing Preservation and Development. The City of New York has adopted a consolidation program designed to vacate under-
The city has the right, duty and authority to implement the consolidation program which is the subject of this proceeding, and the city has adopted fair and reasonable criteria to determine which buildings should be consolidated. (See, e.g., People v Whidden, 51 NY2d 457.) In an article 78 review, the court’s function is exhausted when there is found to be a rational basis for the conclusions approved by the administrative body (Rochester Tel. Corp. v United States, 307 US 125). In this action, it appears that the respondents followed the rational criteria it has established to determine which buildings were to be a part of the consolidation program. Accordingly, there is a rational and supportable basis for respondents’ decision, and it is therefore conclusive (Matter of Sullivan County Harness Racing Assn. v Glasser, 30 NY2d 269; Matter of Swalbach v State Liq. Auth., 7 NY2d 518).
Many of the petitioners are squatters, having illegally moved in after the consolidation order. The petitioners have not demonstrated that these squatters have paid any rent in the two years in which they occupied the premises.
Accordingly, the petition is denied and the cross motion to dismiss is granted. The motion to vacate the stay of summary holdover proceedings in the Civil Court is granted. Settle judgment providing for the relocation of all bona fide tenants.