Opinion
March 29, 1949.
Present — Peck, P.J., Glennon, Callahan, Van Voorhis and Shientag, JJ. [See post, p. 823.]
We are in accord with the view of Special Term that the "inequity" referred to in the statute (Administrative Code of City of New York, § U41-6.0) did not mean mere inequality between the rent paid by various tenants. We deem, however, that the landlord should have been afforded a rehearing by the Temporary City Housing Rent Commission of the City of New York to ascertain whether there was any inequity based on hardship to the landlord. At such a rehearing the right of petitioner's attorney to represent other nonconsenting tenants may be inquired into. Order unanimously reversed and the matter remitted to the Temporary City Housing Rent Commission of the City of New York for a rehearing in accordance with this decision, without costs.