Luxenberg v. Stichman

This is an appeal from an order annulling a determination of the State Commissioner of Housing who granted leave, by the issuance of a certificate, to the landlord, owner of a co-operative housing development, to commence an eviction proceeding against a rental tenant.

Petitioner is a month-to-month tenant without benefit of lease, ownership of stock or beneficial interest therein, in a limited dividend housing project. The certificate was sought by the landlord for the purpose of evicting the present occupant and delivering possession of his apartment to a subscriber, who has paid a 25%…