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14 N.Y.2d 291

Citation
14 N.Y.2d 291
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed
Effective Date
1964-06-04

Full Text

1,034 chars
im and reflected in his lien.
It is evident, therefore, that the due process objection leveled by the court against the 1937 amendment has been completely obviated by the Legislature in enacting the 1962 law.
It is likewise clear—turning to the second of the constitutional defects noted in the earlier statute—that the Central Sav. Bank decision may not be relied upon to invalidate the 1962 statute on the ground that it effects an unconstitutional impairment of the mortgagee’s contractual rights. We assess the propriety and reasonableness and, by that token, the validity of an exercise of the police power in light of the conditions confronting the Legislature when it acts, and it can hardly be questioned that the situation, in terms of the shortage of safe and adequate dwelling units, which prompted the 1962 amendment (L. 1962, ch. 492, § 1) presented a far more serious emergency than that existing in 1937. (See L. 1946, ch. 274, as amd. by L. 1962, ch. 21, dealing with the housing and rent emergency in New York City.)