Categories: Court of Appeals Opinions

MATTER OF WALLBAR REALTY v. CONCILIATION APPEALS BD., 55 N.Y.2d 739 (1981)

447 N.Y.S.2d 154, 431 N.E.2d 639

In the Matter of WALLBAR REALTY CO., Appellant, v. CONCILIATION AND APPEALS BOARD OF THE CITY OF NEW YORK, Respondent.

Court of Appeals of the State of New York.
Decided November 24, 1981

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, LOUIS OKIN, J.

Gary M. Rosenberg for appellant.

Ellis S. Franke and William E. Rosen for respondent.

On summary consideration, order affirmed, with costs. The determination of respondent Conciliation and Appeals

Page 740

Board of the City of New York, fixing the “fair market rent” pursuant to section YY51-6.0.2 (subd b, par 1) of the Administrative Code of the City of New York by averaging the guidelines of the Rent Guidelines Board with rents generally prevailing in the same area for substantially similar housing accommodations, is not arbitrary, capricious or irrational as a matter of law.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

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