Rosen v. Temporary State Housing Rent Commission

I dissent and vote to reverse and grant the application. In my view this case can be distinguished from Matter of Mercantile Enterprises v. Weaver (3 Misc 2d 989, .affd. 3 A D 2d 932, affd. 4 N Y 2d 375). In that case the premises consisted of a store on the ground floor which paid a yearly rental of $11,000, without services, an apartment on the second floor which had been vacant for five years, and the subject apartment on the third floor. There were no violations on the building, nor was the landlord facing-possible criminal action; he merely wished to be rid of the housing tenant. The…