Colin v. Weaver

This is an article 78 proceeding to annul the determination of the State Bent Administrator.

The petitioner-landlord and the tenant of an apartment in the subject premises agreed that upon the payment of a stated consideration she (tenant) would vacate her apartment on a certain date. The landlord paid the consideration but on the removal date the tenant retracted and refused to move.

The landlord sought an eviction certificate and this was denied. A protest to the State Bent Commission was also denied.

Section 16 of the State Bent and Eviction Begulations provides that an agreement by a tenant…