Local Law 44 Upheld as Constitutional

The trade association for the New York State affordable housing industry sued the New York City Council and HPD, claiming that Local Law 44 of 2012 was unconstitutional. This law provided for disclosure on a public website of information regarding affordable housing projects that HPD initiated, funded, or otherwise participated in. The City Council asked the court to dismiss the case. The court ruled for the City Council.  The Association for Affordable Housing appealed and lost. The appeals court ruled that Local Law 44 was constitutional since it didn’t unlawfully interfere with or frustrate HPD’s authority under the City Charter or impermissibly conflict with the State Legislature’s delegation of authority and discretion over affordable housing programs to HPD.   

New York State Association for Affordable Housing v. Council of the City of New York: 2016 NY Slip Op 04320, 2016 WL 3086435 (App. Div. 1 Dept.; 6/2/16; Renwick, JP, Andrias, Saxe [dissenting], Richter, JJ)