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FAIRHAVEN APARTMENTS NO. 4, INC. v. TOWN OF NORTH HEMPSTEAD

278 A.D.2d 447 (2000)

718 N.Y.S.2d 86

FAIRHAVEN APARTMENTS NO. 4, INC., Appellant, v. TOWN OF NORTH HEMPSTEAD, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 26, 2000.

Ordered that the order and judgment is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In 1998, the defendant, Town of North Hempstead, enacted the Rental Dwelling Ordinance found in Article VI of the Code of the Town of North Hempstead (hereinafter RDO). The ordinance requires the owners of structures containing more than four rental dwelling units to obtain rental occupancy permits...

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