Opinion
February 14, 1991
Appeal from the Supreme Court, New York County [Beverly S. Cohen, J.].
Upon review of the record we find that there is substantial evidence to support the Commissioner's determination that the evicted former tenant was a bona fide tenant for over 20 years, for purposes of applying the protections of the rent control laws as set forth in section 26-408 (b) (1) of the Administrative Code of the City of New York. (Emay Props. Corp. v Norton, 136 Misc.2d 127.) Further, the constitutionality of the provisions protecting twenty-year tenants has been upheld on numerous occasions (see, Matter of McMurray v New York State Div. of Hous. Community Renewal, 135 A.D.2d 235, 238, affd 72 N.Y.2d 1022, rearg denied 73 N.Y.2d 918), and in light of the fact that petitioner has not been denied the economically viable use of his property, we find the statute as applied in this case does not constitute a taking of property without due process of law (see generally, Seawall Assocs. v City of New York, 74 N.Y.2d 92, stay denied 492 U.S. 935, cert denied ___ US ___, 107 L Ed 2d 503).
We have considered petitioner's remaining contentions and find them to be without merit.
Concur — Ross, J.P., Carro, Milonas, Rosenberger and Asch, JJ.