Kimmel v. Herman

This is an article 78 (Civ. Prac. Act) proceeding brought by a landlord to annul a determination by the State Rent Administrator, which denied the landlord’s application for a certificate of eviction.

The landlord instituted a proceeding before the Local Rent Administrator for a certificate of eviction pursuant to section 56 of the State Rent and Eviction Regulations of the Temporary State Housing Rent Commission, upon the alleged ground that the tenant is not using the premises for her own dwelling. The landlord’s application stated that she had been informed that the tenant had vacated the…