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I. L. F. Y. CO. v. STATE HOUS. RENT COMM.

11 N.Y.2d 259 (1962)

I. L. F. Y. Co., Appellant, v. Temporary State Housing Rent Commission et al., Respondents. 425 Realty Associates, Appellant, v. Temporary State Housing Rent Commission et al., Respondents. Henry L. O'Brien, Appellant, v. Temporary State Housing Rent Commission et al., Respondents. Barget Realty Corporation, Appellant, v. Temporary State Housing Rent Commission et al., Respondents. In the Matter of Eager Realty Corp., Appellant, v. Thomas B. Parish, Local Rent Administrator, Respondent.

Court of Appeals of the State of New York.

Decided May 10, 1962.

Attorney(s) appearing for the Case

Robert S. Fougner for I. L. F. Y. Co. and 425 Realty Associates, appellants. Albert W. Fribourg for Henry L. O'Brien and Barget Realty Corporation, appellants.

Irving Weissman for Eager Realty Corp., appellant.

Louis J. Lefkowitz, Attorney-General (Irving Galt and Sheldon Raab of counsel), in his statutory capacity under section 71 of the Executive Law.

Jacob B. Ward and Harold Zucker for Temporary State Housing Rent Commission, respondent.

William L. Messing for Morris H. Kates, John Bogart and Norman P. Smith, respondents.

Robert S. Garson for Thomas James, Inc., and others, amici curiæ.

Judges DYE, FULD, FROESSEL and VAN VOORHIS concur with Chief Judge DESMOND; Judge BURKE dissents in an opinion in which Judge FOSTER concurs.

Chief Judge DESMOND.

These four actions and one proceeding were brought by owners of rent-controlled New York City residential properties for a declaration of unconstitutionality of so much of the 1962 amendments (L. 1962, ch. 21) to the State Emergency Housing Rent Control Law (L. 1946, ch. 274, as amd.) as prohibits any increase in rents (unless a tenant consents) during the period from the effective date of...

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