A New York state court judge on Monday gutted a former affordable housing tax break that allowed the New York City comptroller to issue judgments against developers who underpaid workers, finding portions of the statute “unconstitutional.”

Albany Supreme Court Justice Daniel Lynch ruled that two portions of Real Property Tax Law §421-a(16)(c)(x) that permit the entry of a comptroller’s judgment without appellate review and enable a fact-finding hearing through the city’s Office of Administrative Trials and Hearings are unconstitutional.

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