Paray Realty Corp. v. Goodwine

The Housing Expediter’s order adjusting the maximum rent upward was, by its terms, made retroactive to May 26, 1948. No authority exists for giving such order retro-activity to any prior date. Whether or not the landlord is entitled to receive the rent increase from the effective date indicated therein necessarily depends upon the nature of the tenancy. If it is a statutory tenancy, the order may be enforced from such date (Park View Gardens v. Greene, N. Y. L. J., June 25, 1948, p. 2395, col. 4 [App. Term, 2d Dept.], affd. 274 App. Div. 1062); otherwise, the landlord would be required to…