MATTER OF EQUITY PROPS. CORP. v. Joy

Memorandum. The order of the Appellate Division should be affirmed, with costs. There is ample support in the record for the agency’s determination that the apartment in question was never vacated as is statutorily required for a vacancy decontrol order. It also appears that appellant landlord acquiesced in the intervenor’s occupancy of the subject apartment in 1971, when the original tenant departed on a voyage to Ireland, and at that time exacted a 10% rent increase for occupancy from the intervenor pursuant to section 33.3 of the New York City Rent, Eviction and Rehabilitation Regulations.…