Rent Stabilization Association of New York City, Inc., Appellants, and Small Property Owners of New York…

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the Division of Housing and Community Renewal acted within its rule‑making authority and that the expanded family‑succession regulations do not constitute an unconstitutional taking. The court rejected the property owners' facial constitutional challenges and noted the regulations comply with the State Administrative Procedure Act. Justice Bellacosa filed a concurring opinion expressing concern about the breadth of agency power.