193 Misc. 986 | N.Y. Sup. Ct. | 1948
This is an article 78 proceeding. Petitioners are tenants in an apartment project known as Knickerbocker Village which is owned and operated by a limited dividend housing corporation organized under the laws of this State. Under the law as it existed at the time the apartment house was erected the maximum rent chargeable in this development was $12.50 per room. Chapter 341 of the Laws of 1947 amended section 179 of the Public Housing Law so as to permit a maximum monthly rental of $15 per room. After the amendment of the law and as of April 1, 1948, the maximum rent was increased to $14 a room by the respondent commissioner, this increase having been properly approved by the Federal authorities. A review of the action of the respondent commissioner in permitting the rental increase is sought in this proceeding. In bringing on this proceeding petitioners obtained an order to
It does not appear that the respondent commissioner’s rent increase order was dependent upon the action of the Federal agency and no consideration will be given the proceedings of that agency.
The contention that the Public Housing Law as amended is unconstitutional is overruled. There can be no question of the power of the Legislature to set up a formula for the fixation of maximum rents on projects built by limited dividend corporations. The formula adopted is in no way unreasonable or violative of any constitutional rights.
Considering the matter objectively and in its entirety there is no basis whatever upon which a rental increase of 12% could be set aside in the light of existing conditions.
The application is accordingly denied in all respects. The petition is dismissed, without costs, however, and the provision heretofore made with reference to the separate maintenance of the funds constituting the rent increase is hereby vacated.