Rent Stabilization Ass'n v. New York State Division of Housing & Community Renewal, 252 A.D.2d 111 (1998)

Carpinello, J.
In Matter of Community Hous. Improvement Program v New York State Div. of Hous. & Community Renewal (230 AD2d 66, 71), this Court ordered respondent State Division of Housing and Community Renewal (hereinafter respondent), the State agency charged with administering the rent control laws, to comply with the “plain and unqualified” language of Administrative Code of the City of New York § 26-405 (a) (3) in calculating the capital value component of the maximum base rent for rent-controlled apartments in New York City. Specifically, this Court determined that respondent must calculate the maximum base rent by computing capital value pursuant to RPTL article 12-A, as opposed to RPTL article 12 as it had been doing since 1986 (see, id., at 68). Following this Court’s decision, the City Council of the City of New York passed Local Laws, 1997, No. 3 of the City of New York (Local Law No. 73) which amended Administrative Code § 26-405 (a) (3) by directing that capital value shall be equalized assessed valuation based upon the appropriate tax class ratio to be established pursuant to RPTL article 12. Local Law No. 73 further directed that the change was effective for purposes of calculating the 1996-1997 maximum base rent. Simply stated, Local Law No. 73 vitiated this Court’s prior holding.