Montalbano v. De Luzio

The determination of the City Rent and Rehabilitation Administration, based upon a physical inspection, as to the number of rooms occupied by the tenants was binding upon the trial court. (City Rent, Eviction and Rehabilitation Regulations, § 36, subd. a; Barbee v. 2639 Corp., 284 App. Div. 298; Serxner v. Elgart, 196 Misc. 1053, 1056.) The maximum rent could be increased only by order of the Administrator and not the court. (Seidenberg v. Cavanagh, 204 Misc. 235; Ivanovsky v. Paladino, 115 N. Y. S. 2d 596; Friedman v. Carr, *835115 N. Y. S. 2d 519.) The method prescribed in section 8 of the…