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Vogeler v. Krupnick

Supreme Court, Appellate Term, First Department
Apr 28, 1949
195 Misc. 555 (N.Y. App. Term 1949)

Opinion

April 28, 1949.

Appeal from the Municipal Court of the City of New York, Borough of Manhattan, WAHL, J.

Louis S. Posner for appellant.

Abraham S. Robinson for respondent.


The decontrol provided for by subdivision (b) of section 204 of the Federal Housing and Rent Act of 1947 (U.S. Code, tit. 50, Appendix, § 1894, as amd.) is limited to and affects only the immediate landlord and tenant who enter into the lease described in that section. Such decontrol does not affect a subtenancy existing between the main tenant, who is a party to such a lease, and his own subtenant, who is not a party thereto. The subletting of a part or all of the leased premises, by the tenant named in the main lease, is still subject to control under the Federal rent regulations unless the subletting is in the form of a lease which conforms to the requirements of subdivision (b) of section 204. Since no such lease was made between the landlord and tenant in this case, the premises were not decontrolled as between them and the landlord was not entitled to the increase demanded.

The final order and judgment should be reversed, with $30 costs, and petition dismissed, with costs.

HAMMER, PECORA and EDER, JJ., concur.

Final order and judgment reversed, etc.


Summaries of

Vogeler v. Krupnick

Supreme Court, Appellate Term, First Department
Apr 28, 1949
195 Misc. 555 (N.Y. App. Term 1949)
Case details for

Vogeler v. Krupnick

Case Details

Full title:ELSA VOGELER, Landlord, Respondent, v. IRA KRUPNICK, Tenant, Appellant

Court:Supreme Court, Appellate Term, First Department

Date published: Apr 28, 1949

Citations

195 Misc. 555 (N.Y. App. Term 1949)
90 N.Y.S.2d 742