Bright Homes, Inc. v. Weaver

This is an article 78 (Civ. Prac. Act) proceeding in which the petitioner seeks to set aside Amendment No. 70 to section 9 (subd. 17, par. [b]) of the Rent and Eviction Regulations promulgated by the State Rent Administrator on the grounds that such amendment is in conflict with the statutory law under which the amendment was made. The petitioner is the owner of an apartment house in the city of Lackawanna.

*353In the 1957 session of the Legislature, the State Residential Rent Law (L. 1946, ch. 274, as amd.) was re-enacted and amended (L. 1957, ch. 755). Three provisions of that amended act are…