De Stefano v. Finkelstein

Application for an order pursuant to article 78 of the Civil Practice Act reviewing the determination of the *402respondents, constituting the temporary city housing rent commission, in denying petitioner’s application for a certificate of eviction.

Petitioner is the owner of a two-family dwelling in Brooklyn, New York. He occupies the five and one-half rooms on the upper floor, together with his wife, two daughters, his son, daughter-in-law and their child. A tenant occupies the lower floor with his wife and three children, one of whom is limited in her ability to walk because of infantile…