Kellar v. Herman

Petitioner institutes this article 78 proceeding to review respondent’s determination which decreased the maximum rent of the subject apartment on landlord’s failure to comply with section 34 of the State Rent and Eviction Regulations.

The record shows that the Local Rent Administrator processed tenant’s two applications, and on landlord’s failure to (a) paint the apartment or in the alternative rebut the two-year painting presumption, and (b) substantiate the fact that the interior plumbing and other necessary repairs were made as she contended, the Local Rent Administrator issued his two…