Berkley v. Abrams

This is an article 78 proceeding brought by three tenants to annul a determination of the rent commission granting landlord certificates of eviction against them.

Landlord’s application was based upon the right granted it by statute (State Residential Rent Law, § 10, subd. 4; L. 1946, ch. 274, as amd. by L. 1951, ch. 443) to withdraw housing* accommodations from the rental market. However, the statute requires prior written approval of the commission if the withdrawal entails the eviction of tenants. Such approval must be given if the landlord satisfies the commission by “ objective criteria ”…