Court Upholds DHCR's Pass- On Regulations

February 1, 1993

LVT Number: 6708

The Rent Stabilization Association (RSA), on behalf of New York City landlords, challenged DHCR regulations defining ``family members'' and allowing family members to take over apartments when rent-stabilized tenants died or vacated. The trial court upheld the DHCR's regulations as a valid exercise of its administrative power, and the RSA appealed. The appeals court again upheld the succession regulations, finding that they advanced a legitimate government interest

The Rent Stabilization Association (RSA), on behalf of New York City landlords, challenged DHCR regulations defining ``family members'' and allowing family members to take over apartments when rent-stabilized tenants died or vacated. The trial court upheld the DHCR's regulations as a valid exercise of its administrative power, and the RSA appealed. The appeals court again upheld the succession regulations, finding that they advanced a legitimate government interest

[Rent Stabilization Association of New York City v. Higgins: NYLJ, p. 21, col. 3 (1/14/93) (App. Div. 1 Dept.; Murphy, PJ, Ellerin, Kupferman, Kassal, Rubin, JJ)].

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