Miller v. Gabel

Motion, by plaintiffs, for summary judgment.

This is an action for a declaratory judgment adjudging that section 33 (subd. d, par. [1]) of the Bent, Eviction and Behabilitation Begulations, promulgated by the defendants, is invalid.

It appears that as a result of a hardship application filed on May 4, 1961, plaintiffs received, on October 31, 1962, increases in the maximum rents on various apartments in the building owned by them. The increase amounted to 3.3% of the rental income on the building. Six months thereafter, plaintiffs filed a further hardship application with defendants. The…