From Casetext: Smarter Legal Research

Matter of Lord Management Corp. v. Weaver

Court of Appeals of the State of New York
Apr 5, 1962
182 N.E.2d 267 (N.Y. 1962)

Summary

In Lord Management Corp. v Weaver, 11 NY2d 180 (1962), the Court of Appeals determined that premises which were residential prior to February 1, 1947, and which were leased for a non-housing use (physician's office) for the period October 1, 1948 to January 31, 1957, created no new housing accommodation in the sense contemplated by the statute, but merely had the effect of restoring the space to its original status, and so found the premises were not decontrolled under the State Rent and Evictions Regulations Section 9, subdivision 4. See, Eckert v McGoldrick, 284 AD 810 (2nd Dept 1954).

Summary of this case from Vendome v. Lynch

Opinion

Argued February 20, 1962

Decided April 5, 1962

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JAMES S. BROWN, J.

Emory Gardiner, Harold Zucker and Jacob Ward for appellant.

Joseph Greenberg for respondent.


It appears without dispute that prior to February 1, 1947, and for approximately one year and eight months thereafter, the subject premises had been residential and as such were subject to rent control. During the period October 1, 1948 to January 31, 1957 when they were leased for a nonhousing use (a physician's office) — even though done without objection — their status as a housing accommodation was not destroyed, but merely suspended. The change back from nonhousing to housing, at the end of the nonhousing lease period, created no new housing accommodation in the sense contemplated by the statute but merely had the effect of restoring the space to its original status. Such change back added nothing to the numerical level of housing as it existed on February 1, 1947. The mere removal and later reinstallation of items of kitchen equipment were not such a substantial structural alteration or remodeling as to constitute a change in character of the space. Under such circumstances it may not be said that the subject premises were effectively decontrolled within the meaning of the Emergency Housing Rent Control Law (§ 2, subd. 2, par. [g]) and the State Rent and Eviction Regulations (§ 9, subd. 4).

The order should be reversed and the petition dismissed, with costs in this court and in the Appellate Division.

Chief Judge DESMOND and Judges FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER concur.

Order reversed, etc.


Summaries of

Matter of Lord Management Corp. v. Weaver

Court of Appeals of the State of New York
Apr 5, 1962
182 N.E.2d 267 (N.Y. 1962)

In Lord Management Corp. v Weaver, 11 NY2d 180 (1962), the Court of Appeals determined that premises which were residential prior to February 1, 1947, and which were leased for a non-housing use (physician's office) for the period October 1, 1948 to January 31, 1957, created no new housing accommodation in the sense contemplated by the statute, but merely had the effect of restoring the space to its original status, and so found the premises were not decontrolled under the State Rent and Evictions Regulations Section 9, subdivision 4. See, Eckert v McGoldrick, 284 AD 810 (2nd Dept 1954).

Summary of this case from Vendome v. Lynch
Case details for

Matter of Lord Management Corp. v. Weaver

Case Details

Full title:In the Matter of LORD MANAGEMENT CORP., Respondent, v. ROBERT C. WEAVER…

Court:Court of Appeals of the State of New York

Date published: Apr 5, 1962

Citations

182 N.E.2d 267 (N.Y. 1962)
182 N.E.2d 267
227 N.Y.S.2d 654

Citing Cases

Vincent v. Rent Control Board

See Flynn v. Cambridge, 383 Mass. 152 (1981), and see, now, c. 23 of the Code of the City of Cambridge,…

Vendome v. Lynch

In its first argument, the petitioner contends that in making its determination of April 25, 2000, DHCR erred…