106 Misc. 2d 700 | N.Y. Sup. Ct. | 1979
OPINION OF THE COURT
Defendants make a motion for summary judgment pursuant to CPLR 3212 contending that plaintiffs’ claim has no merit.
Plaintiffs make a cross motion for summary judgment on the ground that there is no defense to the action.
The action is for a declaratory judgment declaring Local Law 3-1978, adopted by defendant city, unconstitutional, unreasonable, ineffective and void.
Plaintiffs are a trade association of landlords and individual landlords owning apartment houses in Yonkers. Defendant City of Yonkers passed Local Law 3-1978 in March of 1978. The ordinance creates a multiple dwelling
Article IX (§ 2, subd [c]) of the New York State Constitution prohibits a municipality from enacting legislation which is inconsistent with State legislation. Article 7-A of the Real Property Actions and Proceedings Law (§ 769) provides for a special proceeding by tenants of multiple dwellings directing the deposit of rents into court to be used to remedy “conditions dangerous to life, health or safety”. This law is directed at the same subject in the same area. A local municipality is pre-empted from enacting legislation where the State’s legislation demonstrates a purpose to “occupy the field.” (Robin v Incorporated Vil. of Hempstead, 30 NY2d 347.) Some provisions of the local
Aside from being pre-empted, the local law in question is fraught with countless deficiencies. Section 1 authorizes the members of the commission to designate representatives to carry out their duties of inspection. No qualifications are specified for the designees. Yet the inspection determines the expenditure of the owners money. An abdication of legislative power to a private party is unconstitutional. Delegation of sovereign power is unauthorized. (Matter of Fink v Cole, 302 NY 216.)
The provision for the appointment of receivers by the Yonkers City Court imposes an obligation beyond the jurisdiction of the court. The Uniformed City Court Act promulgated by the State Legislature prohibits the City Courts from appointing receivers. The city cannot by local ordinance confer jurisdiction beyond that provided by the enabling legislation which created the court.
Furthermore, the local law denies to owners their right to procedural due process. Parties whose rights are to be affected are entitled to be heard and will not enjoy that right unless they are first notified (Fuentes v Shevin, 407 US 67, 80). The determination of the amount due is made by the commission without affording the owner an opportunity to be heard. His building is placed into receivership without a hearing. His money is spent without adequate notice or hearing. An emergency is declared without hearing. A fine of $250 a day may be imposed without a hearing by a law which fails to define what shall constitute a violation. A full right to appeal is denied. Every citizen is entitled to enjoy his property without governmental interference and may not be deprived thereof without due process. (Fuentes v Shevin, supra.)
Plaintiffs’ cross motion for summary judgment is granted and Local Law 3-1978 is declared unconstitutional, illegal and void. Defendants’ motion is denied.