FELNER v. OFFICE OF RENT CONTROL OF THE NEW YORK CITY DEP'T OF RENT & HOUS. MAINT.


27 N.Y.2d 692 (1970)

Doris Felner et al., Appellants, v. Office of Rent Control of the New York City Department of Rent and Housing Maintenance, Respondent.

Court of Appeals of the State of New York.

Decided July 1, 1970.


Attorney(s) appearing for the Case

Albert W. Fribourg, Louis M. Fribourg, Marshall C. Berger and Martin Katzman for appellants.

Florence R. Zimmerman, Daniel W. Joy and Harry Michelson for respondent.

John DeWitt Gregory, Oscar G. Chase and Timothy Porter for Community Action for Legal Services, Inc., amicus curiae.

Chief Judge FULD and Judges SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur in Per Curiam opinion; Judge BURKE taking no part.


Per Curiam.

The plaintiffs' constitutional challenges to the system of rent regulation in the City of New York are without merit. The 6% return on the assessed valuation of their building allowed under the City Rent Law (Administrative Code of City of New York, ch. 51, tit. Y, § Y51-5.0) is "entirely adequate to insure a landlord against an unconstitutional confiscation of his property." (Plaza Mgt. Co. v....

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