Matter of Alter v. Altman

Full title: In the Matter of JACK ALTER et al., Appellants, v. BENJAMIN ALTMAN, as…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 3, 1971

36 A.D.2d 948 (N.Y. App. Div. 1971)

Opinion

May 3, 1971

Order of the Supreme Court, Queens County, dated December 8, 1970, which dismissed the tenants' petition in a proceeding under article 78 of the CPLR to review a determination of the Department of Rent and Housing Maintenance, which granted a 15% rental increase to the landlord, affirmed, without costs. No opinion.

Munder, Acting P.J., Shapiro, Gulotta and Benjamin, JJ., concur; Martuscello, J., dissents in part and votes to annul so much of the determination as granted an increase in garage rentals, with the following memorandum:

I find it unfair that the result of this determination permits the landlord to charge tenants $46 a month for garage space and non-tenants $40. Such an inconsistency should not be permitted. The solution is to permit garage rental increases to be granted only by the Bureau of Consumer Affairs rather than by the Commissioner of the Department of Rent and Housing Maintenance, as in the case at bar. Such procedure would prevent the inequity which arose in the case at bar.