Florell Equities, Inc. v. Weaver

Breitel, J. P. (dissenting).

Special Term annulled an order of the Temporary State Housing Bent Commission denying a protest challenging subdivision 5 of section 33 of its regulations. The purport of the challenge amendment is that a landlord who seeks an increase in maximum rents, because of hardship, that is, a return of less than 6% on the property, may not make application unless such landlord has been the owner of the property for at least one year.

Special Term held that the commission was without authority to adopt such a regulation and that its effect is to deprive the landlord of a…