Goldberg v. Temporary State Housing Rent Commission

Edgar J. Nathan, Jr., J.

This is an article 78 proceeding to review the determination of the respondent which granted rent increases.

The landlord attacks the determination on the ground that the respondent arbitrarily refused to apportion the painting expense on a two-year basis.

Petitioner contends that the painting practice in the subject building required painting the apartments every two years. This claim is predicated on the fact that orders were issued by the respondent based on a two-year painting practice with respect to 8 out of 45 units in the building. Petitioner was unable to show…