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MTR PROP. OWNERS v. LOFT BD.

128 Misc.2d 370 (1985)

In the Matter of Association of Commercial Property Owners et al., Petitioners, v. New York City Loft Board et al., Respondents.

Supreme Court, Special Term, New York County.

May 30, 1985

Attorney(s) appearing for the Case

Morris, Graham, Stephens & McMorrow for petitioners. Frederick A. O. Schwarz, Jr., Corporation Counsel (Lisa S. J. Yee of counsel), for respondents.

MYRIAM J. ALTMAN, J.

In this proceeding pursuant to CPLR article 78 petitioners seek to annul a regulation adopted by the New York City Loft Board (Loft Board) which mandates the same minimum heating standards for interim multiple dwellings (IMDs) as are required for other residential units in New York City. Petitioners claim the regulation is arbitrary, capricious and unconstitutional because it does not include a cost pass-along for increased fuel ...

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