McNair v. Berman

In this article 78 CPLR proceeding petitioner moves for an order setting aside the determination of the respondent or, in the alternative, that the matter be remitted to the respondent to pass upon the propriety of the order of recontrol re-establishing the rent for the apartment at $61.80 per month.

*390The facts briefly reveal that prior to 1958 the maximum rent fixed for the subject five-room apartment wás $61.80 per month. The apartment in 1958 was then decontrolled on the basis of owner occupancy. Thereafter in 1960 the report on statutory decontrol was revoked on the basis of more than…