MATTER OF DIAZ v. URSTADT


39 A.D.2d 956 (1972)

In the Matter of Rufino L. Diaz, Respondent, v. Charles J. Urstadt, as Commissioner of The Office of Rent Administration, Division of Housing and Community Renewal, Appellant

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

June 19, 1972


Order reversed, on the law, without costs; proceeding dismissed on the merits; and determination confirmed.

In our opinion there was a rational basis in the record for the Commissioner's finding that petitioner was not acting in good faith. It was error to hold, as a matter of law, that one co-owner could not be charged with the lack of good faith of other co-owners on this record, where the tenant had made "an avalanche of complaints", where the co-owners are related...

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