Schwartz v. Herman

In this article 78 proceeding petitioner, one of 31 tenants, seeks to annul respondent’s determination which allocated an alleged inequitable apportionment upon Ms apartment following a building-wide rent increase granted the landlord under the hardship provisions of the regulations.

The landlord applied to the Local Rent Administrator for an over-all increase in maximum rents in the subject structure, contending that the increases were necessary in order to provide a 6% net annual return from the property. Objections were made by divers tenants, one of whom was petitioner. Although a…