Condello v. Gabel

In this article 78 proceeding, petitioning tenants seek to review and annul respondent’s [Administrator] determination which affirmed the granting of a certificate of eviction to the landlords by the Local Rent Administrator, pursuant to subdivision a of section 55 of the City Rent and Rehabilitation Regulations.

The pertinent section as here applicable provides as follows:

“ Section 55. Occupancy by landlord or immediate family.

“ a. A certificate shall be issued where the landlord seeks in good faith to recover possession of a housing accommodation because of immediate and compelling necessity…