Appellate Division of the Supreme Court of New York, 1976

Boulevard Gardens Housing Corp. v. Boulevard Gardens Tenant's Action Committee, Inc.

Boulevard Gardens Housing Corp. v. Boulevard Gardens Tenant's Action Committee, Inc.
Appellate Division of the Supreme Court of New York · Decided July 12, 1976
53 A.D.2d 891; 385 N.Y.S.2d 379; 1976 N.Y. App. Div. LEXIS 13726
Boulevard Gardens Housing Corp. v. Boulevard Gardens Tenant's Action Committee, Inc.

Opinion of the Court

Appeal pursuant to subdivision (b) of section 87 of the Private Housing Finance Law from an order of the Commissioner of Housing and Community Renewal, dated October 23, 1975, which, after a hearing, granted petitioner’s application for an increase in maximum average monthly room rentals. Order affirmed, without costs or disbursements. There was substantial evidence in the record upon which the commissioner could reasonably have found that the petitioner met the statutory provision which requires the housing company to prove that there were no reasonable economies possible which could generate additional revenue (see Private Housing Finance Law, §87). The commissioner was correct in determining that the only viable solution is the imposition of the requested rent increase (see Matter of Boulevard Gardens Housing Corp. [Anglum], 35 AD2d 1084). Hopkins, Acting P. J., Martuscello, Cohalan, Rabin and Shapiro, JJ., concur.

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