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CASADO v. MARKUS

No. 32

16 N.Y.3d 329 (2011)

In the Matter of MERCEDES CASADO et al., Respondents, v. MARVIN MARKUS, as Chair of the New York City Rent Guidelines Board, et al., Appellants.

Court of Appeals of New York.

Decided March 24, 2011.

Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Fay Ng , Pamela Seider Dolgow , Spencer Fisher and Virginia Waters of counsel), for appellants.

Legal Aid Society, New York City ( Ellen B. Davidson , Steven Banks , Scott Rosenberg and Judith Goldiner of counsel), and South Brooklyn Legal Services Inc., Brooklyn ( John C. Grey , Edward Josephson and Rachel Hannaford of counsel), for respondents.

Rosenberg & Estis, P.C., New York City ( Jeffrey Turkel and Alexander Lycoyannis of counsel), for Rent Stabilization Association of New York City, Inc. and another, amici curiae.

Elizabeth R. Fine , General Counsel, the Council of the City of New York, New York City ( Jeffrey P. Metzler and Lauren G. Axelrod of counsel), for the Council of the City of New York, amicus curiae.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and PIGOTT concur with Judge SMITH; Judge CIPARICK dissents and votes to affirm in a separate opinion in which Judge JONES concurs.

OPINION OF THE COURT

SMITH, J.

Petitioners challenge the validity of two orders of the New York City Rent Guidelines Board (RGB) that make a distinction between low-rent apartments in which there has been no recent vacancy and other apartments, allowing larger rent increases, in percentage terms, for apartments in the former category. We hold that the RGB has the power to make this distinction.

I...

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