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Casado: The Court of Appeals Reinforces RGB Authority

By Jeffrey Turkel
May 25, 2011

The Rent Stabilization Law (“RSL”) is a New York City statute, part of the Administrative Code of the City of New York. Notwithstanding, the New York State Legislature has stripped the New York City Council of virtually all authority to amend the statute, such that amendments must come from Albany. The City statute is administered by the New York State Division of Housing and Community Renewal, a State agency. A City agency, the New York City Rent Guidelines Board (“RGB”), determines annual rent stabilization increases.

All this reflects the peculiar politics of rent regulation, and leads to confusion as to the jurisdiction of the City and State to regulate rents. At least some of this confusion has been dispelled by the Court of Appeals' recent decision in Casado v. Markus, 16 N.Y.3d 329 (2011).

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