3 A.D.2d 729 | N.Y. App. Div. | 1957
In 1947, appellant purchased the subject six-family building which at that time was vacant and uninhabitable. In November, 1947, after substantial rehabilitation, he rented the apartments. In 1954, the Temporary State Housing Rent Commission, as the result of complaint by a tenant, instituted proceedings to fix the maximum rents of the six apartments. Those proceedings culminated in an order of the State Rent Administrator, issued February 16, 1956, which affirmed orders of the,local rent administrator in Brooklyn establishing maximum rent, over appellant’s protest that the premises were not subject to rent control because they were housing accommodations created by a change from a non-housing to a housing use after February 1, 1947. Appellant then brought a proceeding under article 78 of the Civil Practice Act to review the State Rent Administrator’s determination, repeating the claim that the premises were not subject to rent control by reason of their rehabilitation and the alleged change