Philbern Realty Corp. v. Herman

Froessel and Van Voorhis, JJ. (dissenting).

The State Rent Commission possesses broad powers with respect to the maintenance by landlords of 1 ‘ essential services ’ ’ to tenants. These are defined by statute to be such as were furnished as of the date of the issuance of the order adjusting the maximum rent (Emergency Housing Rent Control Law, § 4, subd. 4). Where any of these are withdrawn, the Rent Commission is empowered to fix their equivalent in rental value, and where, as here, the premises are not thereby rendered untenantable, to reduce the rent in an amount equivalent to the value of…