Golgrace Realty Co. v. City Rent & Rehabilitation Administrator

In this CPLR article 78 proceeding the petitioner landlord seeks an order reviewing, and on review annulling the determination of the respondent City Rent and Rehabilitation Administration wherein an order of the District Rent and Rehabilitation Administrator denying the decontrol of the subject apartment in petitioner’s premises was, on protest, affirmed. The basis for decontrol asserted was the corporate petitioner’s co-owner’s alleged occupancy of the premises for over one year.

The question presented is the quality of the necessary occupancy of an apartment by a landlord to qualify for…