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BRYANT AVE. TENANTS' ASS'N v. KOCH

84 N.Y.2d 960 (1994)

644 N.E.2d 1381

620 N.Y.S.2d 825

Bryant Avenue Tenants' Association et al., Appellants, v. Edward I. Koch, as Mayor of the City of New York, et al., Respondents. (And Five Related Actions.)

Court of Appeals of the State of New York.

Decided December 8, 1994.

Attorney(s) appearing for the Case

Legal Services for New York City (Andrew Scherer and David Robinson of counsel), Legal Aid Society, New York City (Scott A. Rosenberg, and Helaine M. Barnett of counsel), Harlem Legal Services, New York City (Roland Goff and Cheryll L. Davis of counsel), Robert M. Salzman, Brooklyn, and Brooklyn Legal Services, Corp. A (Robyn Fisher and Martin Needelman of counsel), for appellants.

Iris J. Korman, Bronx, Dennis J. Saffran and G. Oliver Koppell, Attorney-General, New York City (Jerry Boone of counsel), for New York State Division of Housing and Community Renewal, respondent.

Strook & Strook & Lavan, New York City (Joseph L. Forstadt and Richard S. Katz of counsel), for Rent Stabilization Association of New York City, Inc. and another, respondents.

Horing & Welikson, Forest Hills (Marcia P. Hirsch of counsel), for Hyde Park Associates, respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in accordance with this memorandum, and, as so modified, affirmed. The certified question should be answered in the negative.

The Division of Housing and Community Renewal's (DHCR) Rent Stabilization Code (9 NYCRR 2522.4 [a] [8]) permits the collection of temporary retroactive rent increases of up to 6% annually in addition to collection...

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