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KSLM-COLUMBUS APTS. v. DHCR

5 N.Y.3d 303 (2005)

835 N.E.2d 643

801 N.Y.S.2d 783

In the Matter of KSLM-COLUMBUS APARTMENTS, INC., Respondent, v. NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, Appellant, and WESTGATE TENANTS ASSOCIATION et al., Intervenors-Appellants.

Court of Appeals of the State of New York.

Decided June 14, 2005.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, New York City (Oren L. Zeve, Caitlin J. Halligan and Michael S. Belohlavek of counsel), for appellant.

Himmelstein, McConnell, Gribben, Donoghue & Joseph, New York City (Serge Joseph, Kevin R. McConnell and William J. Gribben of counsel), for intervenors-appellants.

Rosenberg & Estis, P.C., New York City (Gary M. Rosenberg, Jeffrey Turkel and Nicholas Kamillatos of counsel), for respondent.

Patterson, Belknap, Webb & Tyler LLP, New York City (Karl E. Seib, Jr. and Laura J. Wood of counsel), Community Service Society of New York (Juan Cartagena and Risa E. Kaufman of counsel) and Legal Services for New York City Legal Support Unit (Raun Rasmussen and David Robinson of counsel) for Community Service Society of New York and others, amici curiae.

Emery Celli Brinckerhoff & Abady LLP, New York City (Matthew D. Brinckerhoff and Katherine Rosenfeld of counsel), for New York State Tenants & Neighbors Coalition, Inc. and others, amici curiae.

Before: Chief Judge KAYE and Judges CIPARICK, ROSENBLATT, GRAFFEO, READ and R.S. SMITH concur.

OPINION OF THE COURT

G.B. SMITH, J.

In this appeal by the Division of Housing and Community Renewal (DHCR), the issue is whether buildings previously constructed and operated pursuant to the Mitchell-Lama program are made subject to the Rent Stabilization Law of 1969 (RSL) by the RSL itself, or by the Emergency Tenant Protection Act of 1974 (ETPA). We conclude that apartments inhabited continuously since before...

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