Johnson v. Joy
| Decision Date | 11 October 1979 |
| Citation | 422 N.Y.S.2d 56,48 N.Y.2d 689 |
| Parties | , 397 N.E.2d 746 In the Matter of Alice JOHNSON et al., Appellants, v. Daniel W. JOY, as Commissioner of the Department of Rent and Housing Maintenance, et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
The petitioner tenants' protest, which the commissioner denied, is based on the argument that with respect to a rent increase resulting from rehabilitation of housing accommodations with government assisted financing, once the commissioner grants an increase he is, as to that ground for allowing an increase, Functus officio. That contention is predicated upon the words "individual adjustment of maximum rents" in section Y51-5.0 (subd. g, par. (1)) of the Administrative Code and the words "an appropriate adjustment" in section 33.9 of the city Rent, Eviction and Rehabilitation Regulations.
The Administrative Code language cannot be so construed, for the obvious purpose of the quoted words, which appear in the preamble to a number of subdivisions providing various means by which rents may be increased, is that each adjustment shall be considered separately or individually. The word "individual" in the context of the preamble cannot reasonably be read as "one and only one".
The words "an appropriate adjustment" in the regulations present a closer question for they are expressed in the singular. We are, however, admonished by section 35 of the General Construction Law that "(w)ords in the singular number include the plural". * Petitioners' construction limiting the commissioner to but one increase ignores the word "appropriate" and the purpose behind the rehabilitation provision, upon which the Appellate Division relied and which would be denigrated were it to be held that the commissioner, having concluded on the basis of figures presented to him that the increase first granted was not "appropriate" because insufficient, nevertheless could not modify it because the regulation speaks only of "an * * * adjustment". When the three words on which petitioners rely are read in context and in light of the purpose of the regulation, the commissioner's construction of the regulation is clearly reasonable (see People v. Gates, 56 N.Y. 387; cf. Culver v. Title Guar. & Trust Co., 296 N.Y. 74, 78, 70 N.E.2d 163, 165). It is, moreover, hornbook law that the...
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...forum purpose (see, Matter of Salvati v. Eimicke, 72 N.Y.2d 784, 791, 537 N.Y.S.2d 16, 533 N.E.2d 1045; Matter of Johnson v. Joy, 48 N.Y.2d 689, 691, 422 N.Y.S.2d 56, 397 N.E.2d 746; see also, Matter of Howard v. Wyman, 28 N.Y.2d 434, 438, 322 N.Y.S.2d 683, 271 N.E.2d 528). Here, the Transi......
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...& Blue Shield Ass'n/Blue Cross and Blue Shield of Greater New York, 788 F.2d 888 (2d Cir.1986); see also Johnson v. Joy, 48 N.Y.2d 689, 422 N.Y.S.2d 56, 397 N.E.2d 746 (1979) (agency's interpretation of a statute which it is responsible to administer will be upheld unless it is irrational o......
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... ... , respondents contend that the agency charged with administering its rule or regulation (i.e., NYC-DOP's Rule 4.4.5) is entitled to controlling weight in determining its meaning, under well-settled construction principles, and will be upheld, if not irrational or unreasonable, citing Johnson v. Joy, 48 N.Y.2d 689, 422 N.Y.S.2d 56, 397 N.E.2d 746 (1979) and Howard v. Wyman, 28 N.Y.2d 434, 322 N.Y.S.2d 683, 271 N.E.2d 528 (1971). Respondent further notes that NYC-DOP Rule 4.4.5 does not require or confer, nor do testee/candidates enjoy, any right or privilege of any time limit to be ... ...
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