NY Judges Revive Affordable Housing Construction Tax Benefit

A New York law granting tax benefits for developers that build affordable housing isn’t unconstitutional despite the fact that it doesn’t explicitly authorize judicial review of application denials, a state appeals court ruled, reversing a trial court ruling.

The fact that the law “does not contain a provision expressly authorizing judicial review of the Comptroller’s final determination does not mean that judicial review is thereby precluded,” Justice Christine M. Clark wrote for the New York Supreme Court, Appellate Division, Third Department. Justices Sharon A.M. Aarons, Andrew G. Ceresia, and Eddie J. McShan joined the opinion.

• The state comptroller denied BLDG ...