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De Varco v. Temporary State Housing Rent Commission

281 A.D. 955 Court N.Y. App. Div. Decision date 1953-04-07 English

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p. 955
In the Matter of Herbert J. De Varco, Respondent, against Temporary State Housing Rent Commission, Appellant, and Riverside Ninetieth Corp., Intervener, Appellant.

The Rent Administrator was entitled to consider the experience in the preceding- year under the previous ownership in determining the net return. His construction of the statute is a reasonable one. We also hold that the Administrator was not arbitrary and was entitled to find that the assessed valuation should be used, despite the recent sale at a lower figure. Order unanimously reversed, with one bill of $20 costs and disbursements to the appellants, the determination reinstated and the petition dismissed. Present — Peek, P. J., Dore, Van Voorhis and Breitel, JJ.