Amendments to ETPR Were Valid

LVT Number: 16705

Tenants sued the DHCR and asked the court to rule that certain amendments made to the Emergency Tenant Protection Regulations (ETPR) were invalid. Tenants claimed that the DHCR didn't follow the procedures required by the State Administrative Procedure Act (SAPA). The court ruled against tenants. Tenants appealed and lost. The DHCR substantially complied with SAPA when it amended the ETPR in 2000.

Tenants sued the DHCR and asked the court to rule that certain amendments made to the Emergency Tenant Protection Regulations (ETPR) were invalid. Tenants claimed that the DHCR didn't follow the procedures required by the State Administrative Procedure Act (SAPA). The court ruled against tenants. Tenants appealed and lost. The DHCR substantially complied with SAPA when it amended the ETPR in 2000.

Gioia v. Lynch: NYLJ, 6/9/03, p. 30, col. 3 (App. Div. 2 Dept.; Altman, JP, Florio, Adams, Rivera, JJ)