Dimishky v. Sergio Mauritizi Misc. Civ. App. 12-D-68, 1/11/68, Biron J.

Dimishky v. Sergio Mauritizi Misc. Civ. App. 12-D-68, 1/11/68, Biron J.

This was an appeal in connection with an application by a landlord to the Rent Tribunal for registration of a lease of residential furnished premises to a tenant apparently in accordance with s. 11(a), Rent Restriction Act, 1962, as amended by the Rent Restriction (Amendment) Act, 1962, so as to recover possession at the expiry of the lease as provided by s. 19(j)(i) of the Act. The ground of the appeal was that the tribunal did not deal with the question of the registration of the lease but proceeded to determine the standard rent. Appellant (original applicant) contended that such determination was not in accordance with the law.

            Held: (1) The Tribunal had no jurisdiction to register the lease. Such jurisdiction is reserved to the court. (2) The tribunal had the power to determine or assess from time to time the standard rent of any premises. In exercising this power, however the tribunal should have heard evidence as to the amount of the rent on the prescribed date. (3) The tribunal must act according to law and must determine the standard rent as provided in the Act. Appeal allowed. Determination of standard rent by the tribunal set aside and the proceedings remitted to the tribunal with a direction to hear the parties and determine standard rent according to law.