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78 N.Y.2d 755

Citation
78 N.Y.2d 755
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed
Effective Date
1991-10-15

Full Text

1,352 chars
Accordingly, the court held that, subject to his obtaining the necessary Building Department approvals (see, Administrative Code § 26-408 [b] [4] [d]; § 26-511 [c] [9]) and his formal offer of suitable relocation stipends to the tenants (see, 9 NYCRR 2524.5 [c]), plaintiff was entitled (1) to be relieved of his statutory duty to give renewal leases to the rent-stabilization tenants, (2) to be issued certificates of eviction for the existing rent-control tenants, (3) to be issued no-harassment certificates by HPD under local zoning regulations for the Clinton Hill District and (4) to "take any and all appropriate steps” to evict the rent-control and rent-stabilization tenants. The court also granted plaintiff relief in the article 78 proceeding by permanently enjoining DHCR from taking further action against him in connection with the pending harassment charges. After consolidating the declaratory judgment action with the article 78 proceeding for the purpose of argument alone and after granting DHCR permission to intervene in the action, the Appellate Division affirmed each of these rulings. The court subsequently granted the unsuccessful appellants leave to take a further appeal, certifying the following question of law: "Were the order and judgment of the Supreme Court, as affirmed by this Court, properly made?” We now reverse.