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Are DHCR's New Regulations Unconstitutional?

By David Feuerstein and Bryan Meltzer

On Feb. 24, 2014, the Rent Stabilization Association, Community Housing Improvement Program, and certain property owners filed a lawsuit in the New York State Supreme Court challenging the constitutionality of the numerous amendments that the Division of Housing and Community Renewal (DHCR) promulgated to the Rent Stabilization Code (RSC) and Tenant Protection Regulations (TPR) on Jan. 8, 2014. In particular, the lawsuit challenges: 1) the creation and codification of the Tenant Protection Unit (TPU), an entity that is supposed to “proactively” enforce the rent-stabilization laws and regulations; and 2) various other amendments to the RSC and TPR (collectively, the “Regulations”) on the grounds that the newly enacted amendments conflict with the rent-stabilization laws codified by the New York City Council in 1969 and New York State Legislature in 1974 and/or constitute a violation of the separation of powers doctrine.

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