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PLAZA MGT. v. CITY RENT AGENCY

48 A.D.2d 129 (1975)

In the Matter of Plaza Management Co., on Behalf of Itself and All Other Property Owners Similarly Situated, Appellant-Respondent, v. City Rent Agency, Respondent-Appellant. (Appeal No. 1.) In the Matter of Plaza Management Co., as Owner of Premises 205 East 78th Street, Respondent, v. Department of Rent and Housing Maintenance, Appellant. (Appeal No. 2)

Appellate Division of the Supreme Court of the State of New York, First Department.

May 20, 1975

Attorney(s) appearing for the Case

Robert S. Fougner of counsel (McLaughlin & Fougner, attorneys), for appellant-respondent and respondent.

Stephen H. Deutschmeister of counsel (Harry Michelson, attorney), for respondent-appellant and appellant.

STEVENS, P. J., MURPHY and CAPOZZOLI, JJ., concur in Per Curiam opinion; KUPFERMAN and TILZER, JJ., dissent in part in an opinion by KUPFERMAN, J.

Per Curiam.

The court is unanimous in its conclusion that class action status should be afforded to the proceeding attacking the policy adopted by the city rent agency. The court is divided on the issue of whether the commissioner's determination has a rational basis.

The total number of rooms contained in a residential structure has a direct bearing on the gross maximum base rent (MBR) applicable thereto....

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