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ANSONIA RESIDENTS v. DHCR

75 N.Y.2d 206 (1989)

In the Matter of Ansonia Residents Association et al., Appellants-Respondents, v. New York State Division of Housing and Community Renewal, Respondent. Ansonia Associates, Intervenor-Respondent. Thomas Soja, Individually and as President of the Ansonia Tenants Coalition, Inc., Intervenors-Respondents-Appellants.

Court of Appeals of the State of New York.

Decided November 21, 1989.

Attorney(s) appearing for the Case

David Ng, William A. Herbert and Susan A. Saslow for appellants-respondents.

Donald Eng and David Rozenholc for intervenors-respondents-appellants.

Mary Ellen Cronly and Dennis B. Hasher for respondent.

Dean G. Yuzek, Arthur C. Fahlbusch, Jr., Richard L. Gabriel and Jeffrey R. Metz for intervenor-respondent.

Joseph L. Forstadt, Anthony I. Pye and Martin J. Heistein for Rent Stabilization Association of New York City, Inc., amicus curiae.

Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA concur; Chief Judge WACHTLER taking no part.

ALEXANDER, J.

The primary issue presented on this appeal is whether the Rent Stabilization Law authorizes the Division of Housing and Community Renewal to award a permanent rent increase to an owner who completes a major capital improvement of a rent stabilized building. We conclude that it does. Thus we reject appellants' contention that the agency erred in construing...

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