Mercantile Enterprises, Inc. v. Weaver

This article 78 proceeding brings up for review an order of the State Rent Administrator which denied the landlord a certificate of eviction, which would authorize it to remove the tenant’s apartment from the rental market.

The building in question consists of a store on the main floor, an apartment above the store, which has been kept vacant by the landlord for about five years, and the subject apartment on the top floor. The store is occupied by a large retail shoe chain store under a long-term lease, which lease calls for $11,000 a year rental. The total income from the building permits the…