304 West 89th Street Realty Corp. v. Joy

Judgment, Supreme Court, New York County, entered July 20, 1978, vacating in a CPLR article 78 proceeding an order of the Commissioner of the Department of Rent and Housing Maintenance denying maximum base rent (MBR) increases, unanimously reversed, on the law, without costs, the petition is dismissed, and the order of the commissioner is reinstated. In an effort to qualify for 1976-1977 MBR increases (Administrative Code of City of New York, § Y51-5.0, subd h, par [6]) petitioner landlord filed a violation removal repair agreement on February 12, 1976 certifying that all rent impairing…