193 Misc. 821 | N.Y. App. Term. | 1948
The maximum rent heretofore established for the dwelling space involved herein continues in effect until changed by the Housing Expediter (Controlled Housing Rent Regulation, § 4, as amd.). Where there is a decrease in the minimum services to which the tenant is entitled, his remedy is by appropriate application to the expediter under paragraph (3) of subdivision (b) and paragraph (3) of subdivision (c) of section 5 of the ‘ rent regulation for a corresponding reduction of the maximum rent. There can be no recovery for penalties or damages in the absence of a refund order. (Cf. Woods v. Stone, 333 U. S. 472.)
Steinbrink and Golden, JJ., concur. MacCrate, J., taking no part.
Final order and judgment reversed, etc.