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BEDFORD BUILDING CO., INC., et al., Respondents, v. ABRAHAM BEAME, Indi

Per Curiam.

The order of the Appellate Division should be affirmed.

Again the court is called on by judicial construction to insure the practical functioning of New York City's rent-control program. We reiterate our distinct preference for remedial legislation (Matter of 89 Christopher v Joy, 35 N.Y.2d 213, 220). We agree with the unanimous view at the Appellate Division, however, that "[u]nder the circumstances, in order to avoid turmoil in the housing industry and to enable landlords to maintain their buildings and to avoid large retroactive payments by tenants, an interim order is warranted." ( 45 A.D.2d 950.) (Cf. Matter of Benson Realty Corp. v Kerr, 42 A.D.2d 1050, mot for lv to app den 33 N.Y.2d 521.) We would only add that we find no merit to intervenors' claim that the tenants are constitutionally entitled to notice and an opportunity to be heard before rents are adjusted (cf. Wasservogel v Meyerowitz, 300 N.Y. 125).

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in Per Curiam opinion.

Order affirmed, with costs.

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BEDFORD BUILDING CO. v. BEAME
(Nov 20, 1975)