Order, as amended, modified, by deleting the provision thereof which ordered the action dismissed in the event plaintiffs failed to join all affected tenants as parties to the action and substituting therefor a provision denying the town's cross motion in its entirety. As so modified, order, as amended, affirmed insofar as appealed from, without costs or disbursements.
Where the gravamen of an action for a declaratory judgment is the alleged invalidity of a governmental enactment, it is appropriate, as was done here, to permit intervention of persons for whose benefit the enactment was made (see Matter of Village of Spring Val. v Village of Spring Val. Housing Auth., 33 A.D.2d 1037). However, it is inappropriate to require, as a condition for maintaining the action, that plaintiffs add as defendants all persons beneficially affected by the enactment on the ground that they are necessary parties (cf. State of New York v Wolowitz, 96 A.D.2d 47).
We agree with Special Term that there was insufficient basis for the granting of a preliminary injunction or for ordering that "excess rents" be placed in escrow with the county clerk. Mollen, P.J., Titone, Bracken and Rubin, JJ., concur.