The proceeding was based upon an agreement of lease fixing a rent in excess of the emergency rent, made with a former tenant. At the time said agreement was made, the Business Rent Law permitted such an agreement to be made between a landlord and the tenant who "used or occupied the same space on the effective date of this act." (L. 1945, ch. 314, § 4, as amd.) The tenant who made the agreement, one Keller, was not the tenant in possession on that date, but was the assignee...
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