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The Appellate Division reversed the lower court, holding that the judgment provision of RPTL 421-a(16)(c)(x) — which governs enforcement of prevailing wage requirements for construction workers on affordable housing projects — is not unconstitutional on separation of powers or due process grounds.
Court Rules on Prevailing Wage Protections for Construction Workers
What Happened
Building 44 Developers LLC challenged a New York law that requires construction companies to pay workers prevailing wages (set minimum rates) when building affordable housing projects. The company argued the law's enforcement provision violated constitutional protections by improperly separating government powers and denying workers due process rights.
What the Court Decided
New York's highest appeals court disagreed with the company's arguments. The court upheld the prevailing wage law, finding it constitutional and properly enforceable. This means the wage requirements remain in place and can be enforced against employers.
Why This Matters for Workers
This ruling protects construction workers on affordable housing projects by maintaining mandatory minimum wage standards. Without this law, companies could potentially pay workers below fair rates. The decision affirms that states can require employers to pay workers set wages on publicly-supported construction projects, and that these protections don't violate workers' constitutional rights.
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