Boulevard Gardens Tenants Action Committee v. Boulevard Gardens Housing Corp.

88 Misc. 2d 98, 388 N.Y.S.2d 215 (1976)

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Boulevard Gardens Tenants Action Committee v. Boulevard Gardens Housing Corp.

New York Supreme Court
88 Misc. 2d 98, 388 N.Y.S.2d 215 (1976)

Facts

The Boulevard Gardens Tenants Action Committee, Inc. (tenant association) (plaintiff) was an organization comprised of approximately 90 percent of the tenants of the state-regulated Boulevard Gardens Housing Corporation (building) (defendant). Approximately 486 of the building’s 950 tenants had air conditioning units. After the building obtained permission from the New York Housing and Community Renewal Executive Department (department) to increase tenants’ air-conditioning charges from $3 per unit per month to $6.50 per unit per month, the tenant association, along with an individual tenant (plaintiff) acting as a representative for similarly situated tenants, filed a petition in the supreme court pursuant to Civil Practice Law and Rules (CPLR) Article 78 challenging the increased charges on the ground that the department did not hold a public hearing. The supreme court considered whether the tenant association or the individual tenant could sue on behalf of the building’s tenants, including whether notice to the tenants was required and whether the tenant association and the individual tenant had standing.

Rule of Law

Issue

Holding and Reasoning (Kassoff, J.)

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