Parkchester Management Corp. v. Rent Stabilization Ass'n of New York, Inc., 56 A.D.2d 402 (1977)

Whether or not CAB would have had power to do so, in fact CAB did not disturb the stipulated rent for the lease period. It merely refused to permit the rent for the last year of the lease term (the highest rent of the term under this graduated lease) to form the basis for future rent increases under the Rent Stabilization Law after the expiration of the lease. It did this by fixing the rent for the five-month period following the expiration of the lease at a figure equal to the average rent over the life of the lease, and providing that that average rent should be the basis for future rent increases under the Rent Stabilization Law. CAB merely required that the rent for this five-month period and the basis for calculation of increases of rent after the expiration of the lease and the additional five-month period should be approximately 19% rather than 25% above the rent in effect at the time of the execution of the lease and the enactment of ETPA.