Bernkrant v. Temporary State Housing Rent Commission

Appellate Division of the Supreme Court of New York

Bernkrant v. Temporary State Housing Rent Commission

18 A.D.2d 887, 237 N.Y.S.2d 396, 1963 N.Y. App. Div. LEXIS 4450

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 5, 1963

StatusPublished

This text of 18 A.D.2d 887 (Bernkrant v. Temporary State Housing Rent Commission) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bernkrant v. Temporary State Housing Rent Commission, 18 A.D.2d 887, 237 N.Y.S.2d 396, 1963 N.Y. App. Div. LEXIS 4450 (N.Y. Ct. App. 1963).

Pincite

Opinion

Order, entered on October 25, 1962, dismissing the petition, unanimously modified on the law and the facts to the extent of annulling the determination of the City Rent Administrator and directing the issuance of a certificate of eviction, and otherwise affirmed. The landlord has made application for a certificate of eviction to enable him to obtain possession of the second-floor apartment for his own residential occupancy. There is no evidence that he has not made that application in good faith, nor that he will not occupy the premises sought. A lack of good faith may not be premised on the Administrator’s determination that the landlord’s use of the first-floor apartment is in contravention of the appropriate zoning resolutions. Such a determination, in the context of this ease, is not within the Administrator’s competence, nor does it suffice to act as a bar to the issuance of the certificate sought. Moreover, it is not clear whether the landlord is in fact using the premises in violation of law. Concur—Rabin, J. P., McNally, Stevens, Steuer and Noonan, JJ.

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Order, entered on October 25, 1962, dismissing the petition, unanimously modified on the law and the facts to the extent of annulling the determination of the City Rent Administrator and directing the issuance of a certificate of eviction, and otherwise affirmed. The landlord has made application for a certificate of eviction to enable him to obtain possession of the second-floor apartment for his own residential occupancy. There is no evidence that he has not made that application in good faith, nor that he will not occupy the premises sought. A lack of good faith may not be premised on the Administrator’s determination that the landlord’s use of the first-floor apartment is in contravention of the appropriate zoning resolutions. Such a determination, in the context of this ease, is not within the Administrator’s competence, nor does it suffice to act as a bar to the issuance of the certificate sought. Moreover, it is not clear whether the landlord is in fact using the premises in violation of law. Concur—Rabin, J. P., McNally, Stevens, Steuer and Noonan, JJ.

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Bluebook (online)

18 A.D.2d 887, 237 N.Y.S.2d 396, 1963 N.Y. App. Div. LEXIS 4450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernkrant-v-temporary-state-housing-rent-commission-nyappdiv-1963.