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Alston v. Starrett City Inc.

LINC Lease Riders Violated Urstadt Law by Improperly Expanding City Regulation of Rents

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*1 Defendants appeal from the order of the Supreme Court, New York County (Shlomo Hagler, J.), entered July 7, 2016, which granted plaintiffs’ motion for a preliminary injunction to the extent of directing defendants to process and respond to plaintiff Sandra Vaughn-Cooke’s application for an apartment in defendants’ housing complex, and denied defendants’ CPLR 3211 motion to dismiss the complaint for failure to state a claim.*2

This case involves the interplay of several statutes that constitute “[t]he patchwork of rent control legislation” at the federal, state and city levels (Matter of 89 Christopher v. Joy, 35 NY2d 213, 220 [1974]). The issue before us is whether certain provisions of the City of New York’s Living in Communities (LINC) Program violates New York State’s Urstadt Law. For the reasons that follow, we hold that defendants correctly contend that the rider provisions contained in the LINC leases do violate the Urstadt Law.We begin our analysis by reviewing the relevant portions of the statutes and regulations applicable to this case.In 1971, the State Legislature enacted what is commonly referred to as the Urstadt Law (L 1971, ch 372, as amended by L 1971, ch 1012 [Unconsolidated Laws §8605]). This statute amended the Local Emergency Housing Rent Control Act (LEHRCA) and provides, in relevant part:“[N]o local law or ordinance shall hereafter provide for the regulation and control of residential rents and eviction in respect of any housing accommodations which are (1) presently exempt from such regulation and control or (2) hereafter decontrolled either by operation of law or by a city housing rent

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