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Justice Goodman Click here to see Judicial Profile http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=120862 PETITIONERS brought this special proceeding to annul and vacate a portion of the 2008 Apartment and Loft Law #40 adopted by the City Rent Guidelines Board. The order set guidelines for rent increases on rent-stabilized apartments. The main issue, the court noted, was if the board may enact a minimum dollar increase for long-term tenants, when the City Council argued that it overstepped its authority and acted ultra vires. In answering in the negative, the court noted the increase only affected tenants paying monthly rent of less than $1,000. It found that the effective percentage increases for petitioner long-term tenants was nearly double the increases for short-term tenants. The court concluded the order “penalized tenants failing to move in a city that has virtually no affordable housing.” It also found the minimum dollar provision in the order could not stand as it was enacted ultra vires. Thus, the court granted the City Council leave to file a memorandum of law as an amicus curiae, and granted the petition to vacate a portion of Order #40.

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