Opinion

Twentieth Century Associates, Inc. v. Waldman

  • 294 N.Y. 571
  • 63 N.E.2d 177
  • 162 A.L.R. 197
  • 1945 N.Y. LEXIS 785
Court
New York Court of Appeals
Filed
Jul 19, 1945
Status
Published
Author
Dye
On the bench
Thacher, Dye
Cited by
61 cases
Authority
More cited than 42.2%

rejecting due process and equal protection challenges to commercial rent stabilization law during World War II

How later courts described this case

  • rejecting due process and equal protection challenges to commercial rent stabilization law during World War II
  • upholding commercial rent control statute of New York, which established rents after January 24, 1945, at fifteen per cent above March 1, 1943, level

Written by the judges who cited it.

The opinion

Dye, J.

(dissenting). I disagree with the opinion of Thacheb, J. The judgment upholding the constitutionality of the Commercial Rent Law should be reversed.

The retroactive provisions of section 7, chapter 3, of the Laws of 1945, being an unreasonable exercise of the police power, violate article I, section 10, of the United States Constitution.

The domestic rent laws of 1920 were construed as prospective.

(Orinoco Realty Co.

v.

Bandler,

233 N. Y. 24 .)

This statute attempts to impair the obligation of contract, legal at inception.

I accordingly vote to reverse the judgment. ,

Lehman, Ch. J., Loughran, Lewis, Conway and Desmond, JJ., concur with Thacher, J.; Dye, J., dissents in separate memorandum.

Judgment affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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