Citation Numbers： 23 Misc. 2d 965, 206 N.Y.S.2d 450, 1960 N.Y. Misc. LEXIS 3764
Filed Date： 1/20/1960
Status： Precedential
Modified Date： 10/19/2024
It clearly appears from the evidence that the rent charged on the “ freeze ” date, March 1, 1943, was $55 a month. Defendant is entitled to an ‘6 equalization adjustment ’ ’ of 15% or $8.25 of the maximum rent in effect on May 1, 1953. (State Rent and Eviction Regulations, § 23.) Consequently, the actual overcharge is to be computed at the rate of $21.75 per
The trial court misconceived the purport of the order of the Temporary State Housing Bent Commission. The said order did not establish a new rental for the unit involved, but merely increased the existing maximum rent.
The failure by the landlord to file a registration does not bar an overcharge action. (Acevedo v. Syrian Protestant Church, 1 Misc 2d 66.)
The judgment should be unanimously reversed on the law and facts, with $30 costs to plaintiff and judgment directed for plaintiff in the sum of $413.25 plus $100 counsel fee, with appropriate costs in the court below.
Concur — Hart, Di Giovanna and Brown, JJ.
Judgment reversed, etc.