Herzog v. Cyrilla

The Appellate Division has held in Nystad &, Krassner, Inc., v. Zerbe, 210 App. Div. 217, that where the tenant of a rooming house rents three floors out of five to roomers such parts of the premises so leased are used for business and not for dwelling purposes, and as the tenant does not use such parts for dwelling purposes the housing laws have no application thereto and he may be removed therefrom at the expiration of his term.

In this proceeding against the tenant of a house to be occupied as “ a residence and rooming house ” to recover possession on the ground of non-payment of the rent…