Appellate Division of the Supreme Court of New York, 1953

De Varco v. Temporary State Housing Rent Commission

De Varco v. Temporary State Housing Rent Commission
Appellate Division of the Supreme Court of New York · Decided April 7, 1953
281 A.D. 955
De Varco v. Temporary State Housing Rent Commission

Opinion of the Court

The Rent Administrator was entitled to consider the experience in the preceding- year under the previous ownership in determining the net return. His construction of the statute is a reasonable one. We also hold that the Administrator was not arbitrary and was entitled to find that the assessed valuation should be used, despite the recent sale at a lower figure. Order unanimously reversed, with one bill of $20 costs and disbursements to the appellants, the determination reinstated and the petition dismissed. Present — Peek, P. J., Dore, Van Voorhis and Breitel, JJ.

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