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241 E. 22ND ST. v. CITY RENT AGENCY

33 N.Y.2d 134 (1973)

In the Matter of 241 East 22nd St. Corp. et al., Respondents, v. City Rent Agency, Appellant, and State Division of Housing and Community Renewal, Respondent. In the Matter of Andrew P. Kerr, Individually and as New York City Housing and Development Administrator, et al., Appellants, and Joseph Rothfield, Intervenor-Appellant, v. Charles J. Urstadt, as Commissioner of the New York State Division of Housing and Community Renewal, et al., Respondents, and 241 East 22nd Street Corp., Intervenor-Respondent.

Court of Appeals of the State of New York.

Decided November 21, 1973.

Attorney(s) appearing for the Case

William E. Rosen and Harry Michelson for appellant in the first above-entitled proceeding.

William E. Rosen and Harry Michelson for appellants in the second above-entitled proceeding.

Harold Zucker for State Division of Housing and Community Renewal, respondent in the first above-entitled proceeding.

Robert S. Fougner for 241 East 22nd Street Corp. and others, respondents in the first above-entitled proceeding.

Harold Zucker for respondents in the second above-entitled proceeding.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law in the second above-entitled proceeding.

Robert S. Fougner for intervenor-respondent in the second above-entitled proceeding.

Chief Judge FULD and Judges BURKE, BREITEL, GABRIELLI, JONES and WACHTLER concur.

JASEN, J.

These appeals arise from an amendment to the City of New York's Rent Regulations dealing with the method of computing a "hardship" increase in building-wide rent and allocating the increase to individual housing accommodations under the maximum base rent (MBR) computerized system of rent control.1

The principal issues are (1) whether chapter 1012 of the Laws of 1971...

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