Allen J. Realty Co. v. Herman

This is an article 78 proceeding brought by the owner of a rent-controlled apartment house, to modify an order of the State Rent Administrator of March 30, 1961.

Petitioner alleges that the Administrator’s order was arbitrary and capricious since (1) it failed to grant an additional 3% to the maximum rent ordered by the Local Rent Administrator on June 1, 1959, pursuant to paragraph d of subdivision 5 of section 33 of the State Rent and Eviction Regulations of the Temporary State Housing Rent Commission, (2) it permitted the use of an arbitrary formula for computing legal fees permissible as…