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Waterside Plaza's Mitchell-Lama Buyout Remanded To DHCR

Posted by Mark Smith on July 14, 2000 at 02:12:16:

From Today's News Update in the New York Law Journal, Friday, July 14th:

Residents of Waterside Plaza, a Manhattan apartment complex built under the Mitchell-Lama program, will have to finish their case before the State Division of Housing & Community Renewal before seeking judicial review, according to a decision yesterday from the Appellate Division, First Department. The tenants sought a declaration of their right to rent stabilization for their apartments, which were built under the program that encouraged developers to construct low- and middle-income housing, but later allowed them to buy out of it. "Aside from applicability of rent regulation to aggregated former Mitchell-Lama developments, which is an issue of first impression to which the doctrine of primary jurisdiction does apply, this case involves factual evaluations within the agency's area of expertise," said the opinion in Davis v. Waterside Housing Co., which will be published on Monday.

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