Lo Cascio v. Bailey

The tenants, in the nonpayment eviction proceeding here appealed from, raised the defense that the landlord failed to comply with the provisions of the ‘ ‘ Merola Law ’ ’ (Administrative Code of City of N. Y., § B61.0) providing that a public hearing be held prior to a rent increase and therefore that increase, which they stipulate they did not pay, was illegal and void. The dismissal of the defense was erroneously based on the court’s finding that the ‘ ‘ Merola Law ’ ’ had no application to the particular and agreed facts of the case as the Housing and Development Administration was not the…