Vacancy Rate Exceeds Five Percent

March 1, 1993

LVT Number: 6818

Landlord sued town of Roslyn, seeking a declaration that the apartment vacancy rate was greater than five percent and that, therefore, ETPA coverage was ended. The Supreme Court of Nassau County ruled for landlord and directed the town to declare the housing emergency declared under the ETPA in 1974 to be over. The town appealed. The appeals court affirmed the lower court's ruling. Roslyn became subject to the ETPA in 1981. Landlord proved that the vacancy rate now was far in excess of five percent. The town had no authority under the ETPA to extend coverage under these circumstances

Landlord sued town of Roslyn, seeking a declaration that the apartment vacancy rate was greater than five percent and that, therefore, ETPA coverage was ended. The Supreme Court of Nassau County ruled for landlord and directed the town to declare the housing emergency declared under the ETPA in 1974 to be over. The town appealed. The appeals court affirmed the lower court's ruling. Roslyn became subject to the ETPA in 1981. Landlord proved that the vacancy rate now was far in excess of five percent. The town had no authority under the ETPA to extend coverage under these circumstances

[Roslyn Garden Associates v. Board of Trustees of Incorporated Village of Roslyn: NYLJ, p. 33, col. 6 (2/11/93) (App. Div. 2 Dept.; Bracken, JP, Balletta, Eiber, Copertino, JJ)].

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