Opinion
December 20, 1949.
Appeal from Supreme Court, New York County.
The tenant's petition and motion to fix the emergency rent were both made pursuant to section 4 of chapter 3 of the Laws of 1945, as amended, which provide for a proceeding to fix a rent "exceeding the amount of the emergency rent". The petition states that the emergency rent is $316.67 a month and that the reasonable rent under section 4 is the same amount. As a proceeding originally initiated under section 4 is by the terms of the section itself a proceeding for the fixation of rent in excess of the emergency rent, the purpose and the requirements of the section indicate that only a landlord has the right to initiate such a proceeding.
The order appealed from should be reversed, with $20 costs and disbursements, and the tenant's petition dismissed, with costs.
Glennon, J.P., Dore, Cohn, Van Voorhis and Shientag, JJ., concur.
Order unanimously reversed, with $20 costs and disbursements to the appellants, and tenant's petition dismissed. Settle order on notice.