Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

In the Matter of TIMOTHY J. MARA, Respondent, against JOSEPH D. McGOLDRICK, as State Rent Administrator, et al., Appellants.

Per Curiam.

The order of Special Term and that of the Appellate Division should be reversed, and the determination of the State Rent Administrator reinstated, with costs. Subdivision 4 (par. [b]) of section 4 of the State Residential Rent Law (L. 1946, ch. 274, as amd. by L. 1953, ch. 321), expressly provides that the total of all adjustments "ordered by the commission" pursuant to subdivision 4 (par. [a], cl. [1]) of said section (where property yields a net annual return of less than 6%) "shall not exceed fifteen per centum for any twelve month period". This 15% ceiling is limited to subdivision 4 (par. [a], cls. [1], [3]) when adjustments are ordered by the commission, and has no effect upon the provisions of subdivision 3-a of said section, by virtue of which the Legislature has granted an automatic "equalization" increase of 15% over the maximum rent in effect on March 1, 1943, for housing accommodations.

The order of the Appellate Division and that of Special Term should be reversed, and the determination of the State Rent Administrator reinstated, with costs in all courts.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.

Orders reversed, etc.

Use AI to get other relevant cases.

Comments

MATTER OF MARA v. McGOLDRICK
(Oct 21, 1954)