Florell Equities, Inc. v. Weaver
| Citation | 2 N.Y.2d 982,163 N.Y.S.2d 597 |
| Parties | , 143 N.E.2d 337 Application of FLORELL EQUITIES, Inc., Respondent, v. Robert C. WEAVER, as State Rent Administrator, Appellant. |
| Decision Date | 11 April 1957 |
| Court | New York Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 2 A.D.2d 542, 157 N.Y.S.2d 170.
Proceeding in the matter of the application of landlord for an order under the Civil Practice Act, § 1283 et seq., against the State Rent Administrator, to review a decision of the Temporary State Housing Rent Commission denying landlord's protest challenging amendment to a rent and eviction regulation.
The Supreme Court, Special Term, New York County, Arthur Markewich, J., 155 N.Y.S.2d 212, entered an order holding the amendment invalid, and the State Rent Administrator appealed.
The Appellate Division, 2 A.D.2d 542, 157 N.Y.S.2d 170, affirmed the order, and held that regulation providing that no landlord shall be eligible to file hardship application for rent increase unless he has been landlord of subject property for at least one year, purportedly adopted under statutory provision directing State Housing Rent Commission to prescribe by regulation for individual adjustment of maximum rents where, inter alia, rent income from property yields net annual return of less than six per cent of valuation of property, was void as beyond and in derogation of purpose of statute, which by its terms, relates to rental income earned by property, rather than by individual landlord. Breitel, J. P., and Valente, J., dissented.
The State Rent Administrator appealed to the Court of Appeals, contending that the State Housing Rent Commission possessed unquestionable statutory power to promulgate the amendment to its own regulations, and that one-year rule was an entirely reasonable regulation.
Nathan Heller, New York City (Beatrice Shainswit, New York City, of counsel), for respondent-appellant.
McLaughlin & Fougner, New York City (Robert S. Fougner, New York City, Eugene J. Morris, New York City, Albert W. Fribourg, New York City, and Matthew J. Domber, New York City, of counsel), for respondent.
Order affirmed, with costs.
All concur.
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I.L.F.Y. Co. v. Temporary State Housing Rent Commission
...fact that the courts (see 340 East 57th Street Corporation v. Weaver, 2 N.Y.2d 799, 159 N.Y.S.2d 700, and Matter of Florell Equities, Inc. v. Weaver, 2 N.Y.2d 982, 163 N.Y.S.2d 597), held entirely invalid a commission regulation adopted while the 1955 statute (identical with the 1953 act) w......
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Littman v. Caputa
...the attempt to usurp the legislative prerogative [Florell Equities [,Inc.] v. Weaver, 2 A.D.2d 542, 157 N.Y.S.2d 170, affirmed 2 N.Y.2d 982, 163 N.Y.S.2d 597; 340 East 57th St. Corp. v. Weaver, 3 Misc.2d 356, 153 N.Y.S.2d 851, affirmed 340 East 57th St. Corp. v. Temporary State Housing Rent......
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Bajart Management, Inc. v. Weaver
...the attempt to usurp the legislative prerogative (Florell Equities, Inc., v. Weaver, 2 A.D.2d 542, 157 N.Y.S.2d 170, affirmed 2 N.Y.2d 982, 163 N.Y.S.2d 597; 340 East 57 St. Corp. v. Weaver, 3 Misc.2d 356, 153 N.Y.S.2d 851, affirmed 340 East 57th St. Corp. v. Temporary State Housing Rent Co......
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Fresh Meadows Associates v. New York City Conciliation and Appeals Bd., s. 1307
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