Brettler v. Weaver

This is an article 78 proceeding brought by petitioner to review an order of the respondent which held that the apartment in dispute is subject to the State Rent and Eviction Regulations and not decontrolled.

The record discloses the following facts: For a number of years prior to 1955 the landlords occupied a five-room apartment on the second floor. In September, 1955 an application was filed with the respondent seeking to evict the tenant, the occupant of the four-room ground floor apartment on the ground that the landlord’s wife could not climb the stairs because of ill health. As part of…