Hurwitz v. Capeta

The petitioner is a practicing psychologist. She lives and labors in an apartment she occupies on the seventh floor of 41 Fifth Avenue, in Manhattan. She brings this proceeding (Civ. Prac. Act, art. 78) to review the determination of the State Rent Administrator that the apartment is exempt from residential rent control as long as the professional use thereof continues.

The petitioner originally became an occupant of the premises in 1937. The unit then consisted of three rooms, wherein the petitioner resided and conducted a full-time practice of her profession. During 1949, a fourth room was…