McClellan v. Temporary State Housing Rent Commission

This is an application pursuant to article 78 of the Civil Practice Act to review a determination of the State Rent Administrator. The decision affects the eviction of a tenant from a 10-room apartment in the premises 1172 Park Avenue, Manhattan, pursuant to landlord’s application therefor, under section 57 of the State Rent and Eviction Regulations of the Temporary State Housing Rent Commission, for under-occupancy. The primary question of a sufficient occupancy to prevent an eviction to alter and subdivide the apartment is dependent on the status of petitioner’s part-time maid,…