Legal Opinion

Berger v. Temporary State Housing Rent Commission

New York Supreme Court

Decided March 18, 1960Published

1Opinion of the CourtWalter R. Hart, J.

This is an application seeking to review an order of respondent, State Rent Commission, which denied petitioner’s protest and affirmed an order of the Local Rent Commission rejecting reports of decontrol filed by the petitioner. The decontrol, it is claimed, stems from the fact that the housing accommodations are in reality ‘ ‘ one family houses” which had become vacant after April 1, 1953; that pursuant to section 2 (subd. 2, par. [i]) of the State Residential Rent Law (L. 1946, ch. 274, as amd.) and subdivision 12 of section 9 of the State Rent and Eviction Regulations they are no longer…

2Cases cited8 opinions

  1. Hicks v. BigelowDistrict of Columbia Court of Appeals · 1947
  2. 542 Morris Park Ave. Corp. v. WilkinsAppellate Terms of the Supreme Court of New York · 1922
  3. Smith v. FeiginNew York Court of Appeals · 1948
  4. Smith v. FeiginAppellate Division of the Supreme Court of the State of New York · 1948
  5. Flamman v. McGoldrickAppellate Division of the Supreme Court of the State of New York · 1952

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