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STENDER v. CITY OF ALBANY

188 A.D.2d 986 (1992)

Jerald M. Stender et al., Plaintiffs, v. City of Albany, Defendant

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

December 31, 1992

Mahoney, J.

Submission of a controversy upon an agreed statement of facts pursuant to CPLR 3222 (b) (3).

At issue in this declaratory judgment action is whether the City of Albany's Residential Occupancy Permit Provisions (Albany Housing Code, art III, § 14-129 et seq.) are violative of the 4th Amendment of the US Constitution or article I, § 12 of the NY Constitution. The challenged provisions require a landlord to have a dwelling...

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