501 Ave. R. Corp. v. Becker

Appellate Terms of the Supreme Court of New York

501 Ave. R. Corp. v. Becker

186 Misc. 211, 61 N.Y.S.2d 787, 1946 N.Y. Misc. LEXIS 2145

CourtAppellate Terms of the Supreme Court of New York

DecidedFebruary 7, 1946

StatusPublished

This text of 186 Misc. 211 (501 Ave. R. Corp. v. Becker) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

501 Ave. R. Corp. v. Becker, 186 Misc. 211, 61 N.Y.S.2d 787, 1946 N.Y. Misc. LEXIS 2145 (N.Y. Ct. App. 1946).

Pincite

Opinion

Memorándum Per Curiam.

One of the purposes of the rent regulation is to protect a tenant who occupies premises “ as his own dwelling.” It is not intended to protect tenants who have by rental agreement yielded up their place to others, espe[213]*213daily a tenant who gets from the occupant more than the landlord could legally charge the tenant. (Rent Regulation for Housing in New York City Defense-Rental Area, § 6, subd. [a], par. [4].) Any consent that might have been given was revoked by the landlord’s letter of September 18, 1945. That letter demanded forthwith compliance with the lease. It waived ho right of the landlord. The claimed consent was for “ a little while ” or “ a few months ”. It would not carry in any event beyond the term of the lease. It was revocable at will. A finding that the persons occupying subsequent to the expiration of the term were there without a rental agreement is against the weight of the evidence. It was necessary for the tenant to hire an attorney to get the “ friend ” to leave. The lock had been changed. In addition, the tenant did not deny that she had admitted to the landlord’s attorney that she was collecting $70 per month for an apartment for which the landlord could legally ask but $48. The regulation controls the landlord. It must govern the tenant also.

The final order should be unanimously reversed on the law and facts and new trial granted, with $30 costs to the landlord to abide the event.

MacCeate, Smith and Steixbeixk, JJ., concur.

Order reversed, etc.

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Memorándum Per Curiam.

One of the purposes of the rent regulation is to protect a tenant who occupies premises “ as his own dwelling.” It is not intended to protect tenants who have by rental agreement yielded up their place to others, espe[213]*213daily a tenant who gets from the occupant more than the landlord could legally charge the tenant. (Rent Regulation for Housing in New York City Defense-Rental Area, § 6, subd. [a], par. [4].) Any consent that might have been given was revoked by the landlord’s letter of September 18, 1945. That letter demanded forthwith compliance with the lease. It waived ho right of the landlord. The claimed consent was for “ a little while ” or “ a few months ”. It would not carry in any event beyond the term of the lease. It was revocable at will. A finding that the persons occupying subsequent to the expiration of the term were there without a rental agreement is against the weight of the evidence. It was necessary for the tenant to hire an attorney to get the “ friend ” to leave. The lock had been changed. In addition, the tenant did not deny that she had admitted to the landlord’s attorney that she was collecting $70 per month for an apartment for which the landlord could legally ask but $48. The regulation controls the landlord. It must govern the tenant also.

The final order should be unanimously reversed on the law and facts and new trial granted, with $30 costs to the landlord to abide the event.

MacCeate, Smith and Steixbeixk, JJ., concur.

Order reversed, etc.

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Bluebook (online)

186 Misc. 211, 61 N.Y.S.2d 787, 1946 N.Y. Misc. LEXIS 2145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/501-ave-r-corp-v-becker-nyappterm-1946.