New York Court of Appeals
Rent Stabilization Association of New York City, Inc., Appellants, and Small Property Owners of New York…
December 21, 199383 N.Y.2d 156
Summary
The New York Court of Appeals affirmed the Appellate Division's order, holding that the Division of Housing and Community Renewal acted within its statutory authority in expanding the definition of "family member" for rent‑regulated apartments and that the regulations do not constitute an unconstitutional taking. The court reasoned that the agency merely filled in legislative gaps and that the regulations substantially further legitimate governmental interests without imposing a permanent physical occupation of the owners' property.