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REINER v. WEST VILLAGE ASSOCIATES

No. 81 Civ. 6632(MEL).

600 F.Supp. 233 (1985)

Jan Allen REINER, Peter Fairchild and Joseph Bilera each individually and on behalf of all others similarly situated and Jan Allen Reiner as President of West Village Houses Fair Rent Committee, Plaintiffs, v. WEST VILLAGE ASSOCIATES, West Ville Associates, Washington Village Housing Corp., Raqz, Inc., Starrett Brothers & Eken, Inc., Grenadier Realty Corp., Kreisel Company, Inc., Samuel R. Pierce, Jr., As Secretary of The Department of Housing and Urban Development, The City of New York and The New York City Housing Development Corporation, Defendants.

United States District Court, S.D. New York.

January 17, 1985.

Attorney(s) appearing for the Case

Faust, Rabbach & Sweet, New York City, for plaintiffs; Gerald M. Kleinbaum, New York City, of counsel.

Lipkowitz & Plaut, New York City, for defendants West Village Associates, West Ville Associates, Washington Village Housing Corp., Raqz Inc., Starrett Brothers & Ekin, Inc., Grenadier Realty Corp. and Kreisel Company, Inc.; Gerald D. Roth, Louis Lauer, Stephen Sussman, Daniel Friedman; Lauer & Kessler, New York City, of counsel.

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendant Samuel R. Pierce, Jr., as Secretary of the Department of Housing and Urban Development; Alan Nisselson, Asst. U.S. Atty., New York City, of counsel.

Frederick A.O. Schwarz, Jr., Corp. Counsel of City of New York, New York City, for defendants City of New York and the New York City Housing Development Corporation; Fred Kolikoff, New York City, of counsel.

LASKER, District Judge.

This action, which controverts allegedly impermissible rent increases, involves interplay between the National Housing Act ("NHA"),1 Article 2 of the New York State Private Housing Finance Law ("Mitchell-Lama")2 and New York City's Administrative Code ("Merola").3 The plaintiffs are tenants of the West Village Houses apartment project ("project")

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