Judgment reversed, on the law, without costs; petition dismissed on the merits; and determination of the Commissioner confirmed.
In our opinion, the exemption from rent control allowed under section 2 (subd. 2, par. [d]) of the Emergency Housing Rent Control Law (L. 1946, ch. 274, as amd.) requires more than a mere holding back of a room from rental to qualify as occupancy by the landlord. We are of the further opinion that there is substantial evidence in the record...
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