MATTER OF BERLINRUT v. LEVENTHAL


43 A.D.2d 522 (1973)

In the Matter of Emanuel B. Berlinrut, Appellant, v. Nathan Leventhal, as Department of Rent and Housing Maintenance Commissioner, Respondent

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

November 8, 1973


Respondent's determination is annulled and respondent is directed to issue the requested certificate of eviction. A certificate of eviction had been granted petitioner-appellant. We find no justification for the revocation of the certificate upon the stated ground of lack of good faith. The owner is not required to occupy an apartment that is not controlled and thus diminish his income from his property. The administrative inquiry into good faith should be restricted to a...

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