Allan v. Binghamton Housing Authority

Petitioners filed a notice of petition and petition on August 9, 1974, seeking the return of possession of an apartment under the control of respondent. The earlier decision and judgment were vacated by order of this court dated July 31, 1975, and argument was heard de novo on August 13, 1975.

The controlling facts are not disputed. Petitioners began their tenancy in the subject premises in April, 1969, and continued thereafter without interruption. On December 23, 1973, a fire occurred in the apartment, causing extensive damage. Respondent advised petitioners that it would be necessary to…