MATTER OF DE VARCO v. TEMP. STATE HOUS. RENT COMM'N


281 A.D. 955 (1953)

In the Matter of Herbert J. De Varco, Respondent, v. Temporary State Housing Rent Commission, Appellant, and Riverside Ninetieth Corp., Intervener, Appellant

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

April 7, 1953.


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...

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