Carvallo v. Cooper

228 A.D. 719

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 15, 1930
• Status: Published

Opinion

Peremptory mandamus order unanimously affirmed, with ten dollars costs and disbursements. An ordinance which prohibits an alien from conducting a lodging house is void in so far as it applies to immigrant lodging houses, since the ordinance is inconsistent and in conflict with section 156 of the Labor Law, f which does not prohibit an alien from conducting an immigrant lodging house. (People ex rel. Kieley v. Lent, 166 App. Div. 550; affd., 215 N. Y. 626; People v. Gilbert, 68 Misc. 48; 43 C. J. pp. 215-218.) The prohibition against the conduct of a general lodging house by an alien is inconsistent with the State policy, as declared by section 156 of the Labor Law,

† which does not prohibit an alien from conducting an immigrant lodging house. (2 Dillon Mun. Corp. [5th ed.] § 601; approved, Mills v. Sweeney, 219 N. Y. 213, at p. 219.) There is nothing about the conduct of a general lodging house which differentiates it from an immigrant lodging house in the manner of conduct thereof or as a source of greater evils, if any, to be apprehended therefrom. The ordinance * is void in so far as it excludes an alien from operating a lodging house. Present — Lazansky, P. J., Rich, Young, Hagarty and Scudder, JJ.

See White Plains Hotel, Lodging and Rooming House License Ordinance of February 25, 1929, effective May 1, 1929.— [Rep.

Repealed and continued by Labor Law, § 230 et seq. — - [Rep.