SOBEL v. HIGGINS


188 A.D.2d 286 (1992)

Denise Sobel, Appellant, v. Richard L. Higgins, as Commissioner of The New York State Division of Housing and Community Renewal, et al., Respondents

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

December 1, 1992


Plaintiff is the owner and landlord of a four-story "rowhouse" which, at all times since purchased by her, has had two apartments occupied by rent-controlled tenants who have a perpetual right to remain in possession subject to rent control by reason of their age or longevity in occupancy. In this action for a declaratory judgment, plaintiff alleges that she no longer wishes to be a landlord in the rental housing business, and challenges the constitutionality of section 26...

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