Kathy Realty Corp. v. McGoldrick

On application by the tenant of an apartment in a building owned by petitioner for a decrease in rent based on petitioner’s failure to paint the tenant’s apartment within two years of the last painting, the monthly rent of the apartment was reduced. In an article 78 proceeding to review the determination of the State Rent Administrator, Special Term annulled the determination on the grounds that (1) the petitioner was required to paint the tenant’s apartment every three years because that was the practice prior to March 1, 1950; (2) even if the painting custom prior to March 1, 1943,…