177 Misc. 129 | N.Y. Sup. Ct. | 1941
This is an application under article 78 of the Civil Practice Act to annul the determination of the State Commissioner of Housing that he is without jurisdiction to compel the Knickerbocker Village, Inc., to renew the lease of petitioners, and to direct the respondent to compel renewal of the lease by the intervenorrespondent. A cross-motion has been made to dismiss the petition on the ground that it does not state facts sufficient to entitle petitioners to the relief asked.
The State Housing Commissioner, acting under the advice of the Attorney-General, made his final determination that he is without jurisdiction to compel the landlord to renew petitioners’ lease. He based it on the ground that the word “ creed ” in section 223 means “ religious belief;” and that, therefore, membership and activity in a tenants’ organization and belief in the principle of the right of assembly do not constitute a “ creed ” within the meaning of section 223.
The only question to be determined here is the interpretation of the word “ creed ” in section 223 of the Public Housing Law. Upon this question both sides have been unable to discover any specific judicial authority to lend aid to the court. The court has accordingly looked to the history and intent of the statute for guidance.
The Public Housing Law was enacted as chapter 808 of the Laws of 1939, and went into effect -on June 8, 1939. -Its enactment followed shortly after the adoption of the new State Constitution in 1938. Section 11 of article 1 of the State Constitution, in a new section dealing with civil rights, prohibited discrimination on account of “race, color, creed or religion.” Prior to the adoption of this provision, our Constitution had no provision against discrimination by reason of race, color or religion. Prohibitions against such acts were, however, contained in the Civil Rights Law. Section 13 of the Civil Rights Law, in providing against disqualification to serve on juries, referred to “ race, creed or color;” section 40, dealing with equal rights in places of public accommodation, used the same
The text of section 223 of the Public Housing Law was taken bodily from section 11 of article 1 of the State Constitution. It is fair to assume that the Legislature intended to give to that section the same meaning as the constitutional provision. Definitions in dictionaries and in 21 Corpus Juris Secundum (p. 1147) define the word “ creed ” as “ confession or articles of faith * * * formal declaration of religious belief; ” “ any formula or confession of religious faith; a system of religious belief.” (Webster’s New Internat. Diet.)
In my opinion the Legislature in section 223 of the Public Housing Law used the words “ creed ” and “ religion ” interchangeably. I cannot subscribe to the argument of the petitioners that the word ‘‘ creed ” may refer to any beliefs, be they economic, political or sociological. Viewed in the light of the history of the statute, the evils it intended to cure, and its constitutional forerunner, I hold that “ creed ” means religious belief. Petitioners do not allege nor do they show any discrimination with respect to any religious belief. The cross-motions to dismiss the petition must, therefore, be granted and petitioners’ application denied. Settle order.