MATTER OF JOHNSON v. JOY


48 N.Y.2d 689 (1979)

In the Matter of Alice Johnson et al., Appellants, v. Daniel W. Joy, as Commissioner of the Department of Rent and Housing Maintenance, et al., Respondents.

Court of Appeals of the State of New York.

Decided October 11, 1979.


Attorney(s) appearing for the Case

Carol Ule for appellants.

Alan W. Ginsberg and Harry Michelson for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


MEMORANDUM.

The petitioner tenants' protest, which the commissioner denied, is based on the argument that with respect to a rent increase resulting from rehabilitation of housing accommodations with government assisted financing, once the commissioner grants an increase he is, as to that ground for allowing an increase, functus officio. That contention is predicated upon the words "individual adjustment of maximum...

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