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MATTER OF NEULIST v. WEAVER

2 A.D.2d 530 (1956)

In the Matter of Henry Neulist et al., Respondents, v. Robert C. Weaver, as State Rent Administrator, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

November 27, 1956.

Attorney(s) appearing for the Case

Beatrice Shainswit of counsel (Jacob B. Ward with her on the brief; Nathan Heller, attorney), for Robert C. Weaver, appellant.

Robert S. Fougner of counsel (Eugene J. Morris and Matthew J. Domber with him on the brief; McLaughlin & Fougner, attorneys), for 400 Realty Co., appellant.

Murry E. Harston for respondents.

BREITEL, J. P., BOTEIN, RABIN, FRANK and VALENTE, JJ., concur.

Per Curiam.

It appears that the local rent administrator had erroneously denied the landlord's application for a rent increase pursuant to subdivision (5) of section 33 of the State Rent and Eviction Regulations (the regulation providing for a net annual return of 6% of the valuation of the property). Upon protest, the State Rent Administrator found that a rent increase was warranted. The State Administrator's order, issued February 10, 1956, was made retroactively...

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