MATTER OF IRWIN v. STATE OF NEW YORK, DIV. OF HOUS. & CMTY. RENEWAL, OFFICE OF RENT ADMIN.


34 N.Y.2d 908 (1974)

In the Matter of David Irwin et al., Individually and on Behalf of the Various Tenants of the Housing Development Known as Interlaken Residents Association, Appellants, v. State of New York, Division of Housing and Community Renewal, Office of Rent Administration, et al., Respondents.

Court of Appeals of the State of New York.

Decided June 27, 1974.


Attorney(s) appearing for the Case

Jerome M. Kay for appellants.

Harold Zucker for Division of Housing and Community Renewal, respondent.

Robert S. Fougner for Intergardens Corporation, respondent.

Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and RABIN. Judge JASEN dissents and votes to reverse in the following opinion. Taking no part: Judge STEVENS.


Order affirmed, with costs, on the Per Curiam opinion at the Appellate Division.

JASEN, J. (dissenting).

The issue in this case concerns the scope of the powers granted to the Temporary State Housing Rent Commission under the Emergency Housing Rent Control Law. (L. 1946, ch. 274, as amd.) Specifically, the petitioners argue that the commission's power to provide for individual adjustments of maximum rents is limited to the 10 grounds set...

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