ELR Citation: ELR 20213
No(s). 16280/72 (N.Y. Sup. Ct. Sep 14, 1972)

The City Rent Agency is enjoined from enforcing a regulation that reduces rent in buildings with oil burners and incinerators in violation of the Air Pollution Control Law. The rent reduction regulation was enacted without the statutorily required approval of the State Division of Housing, and it is inconsistent with state housing policy. Even though the landlords are in violation of pollution standards, the city cannot be allowed to exceed its authority. Local regulations must be subservient to state law.

Counsel for Plaintiff
Robert S. Fougner
McLaughlin, Fougner & Messing
17 East 49th Street
New York, NY 10017

Counsel for Defendants
Daniel W. Joy
110 Church Street
New York, NY 10007

Harold Zucker
State Division of Housing
393 Seventh Avenue
New York, NY 10001