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BRUSCO v. NEW YORK STATE DIV. OF HOUS. & CMTY. RENEWAL

181 A.D.2d 514 (1992)

Nicola S. Brusco, Appellant, v. New York State Division of Housing and Community Renewal, Respondent

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

March 12, 1992

The petitioner owns a building located at 111 West 74th Street and commenced this CPLR article 78 proceeding arguing that the rent overcharge determination constituted a taking of his property in violation of the Fifth Amendment to the US Constitution. The IAS court dismissed the article 78 petition holding that the imposition of the rate ceiling on vacant stabilized apartments does not constitute a taking of property.

The State may restrict the use of property, which...

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