Summary
In Penner v. Geller (193 Misc. 821) the trial court, finding that the landlord deprived the tenant of garage space, granted to the tenant an allowance on his counterclaim for this decrease in services.
Summary of this case from Bronx Square Realty Corp. v. WurmanOpinion
December 23, 1948.
Appeal from the Municipal Court of the City of New York, Borough of Brooklyn, WYNNE, J.
Irving Klein for appellant.
Maurice Millimet for respondent.
The maximum rent heretofore established for the dwelling space involved herein continues in effect until changed by the Housing Expediter (Controlled Housing Rent Regulation, § 4, as amd.). Where there is a decrease in the minimum services to which the tenant is entitled, his remedy is by appropriate application to the expediter under paragraph (3) of subdivision (b) and paragraph (3) of subdivision (c) of section 5 of the rent regulation for a corresponding reduction of the maximum rent. There can be no recovery for penalties or damages in the absence of a refund order. (Cf. Woods v. Stone, 333 U.S. 472.)
The final order and judgment should be reversed on the law, with $30 costs to landlord, final order directed for landlord and counterclaim dismissed without prejudice, with appropriate costs in the court below.
STEINBRINK and COLDEN, JJ., concur. MacCRATE, J., taking no part.
Final order and judgment reversed, etc.