Legal Opinion · Dissent

Hoan Holding Co. v. Joy

Appellate Division of the Supreme Court of the State of New York

Decided February 3, 1983Published

1Dissent

Kupferman, J. P.,

dissents in a memorandum as follows: I dissent. The judgment should be reversed, the petition granted, and the determination by the district rent director, which decontrolled the subject apartment, reinstated. Determinative of this appeal is whether appellant has met the requirements of section 2 (subd f, par [11]) of the New York City Rent and Eviction Regulations with respect to owner occupancy. That section exempts from rent control housing accommodations “which were or are continuously occupied by the owner thereof for a period of one year prior to the date of renting”.…

2Cases cited1 opinion

  1. Wittlin v. Rent Control DivisionNew York Court of Appeals · 1982

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