DOCKET NUMBER: AK-410411-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: AK-410411-RO
PARK WEST VILLAGE ASSOCIATES, DRO DOCKET NO.: ZL-003707-RV
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 5, 1986, the above-named owner filed a timely Petition for
Administrative Review against an order by the District Rent Administrator,
at Gertz Plaza 92-31 Union Hall Street, Jamaica, NY, concerning housing
accommodations known as Apartment No. 15R, 788 Columbus Avenue, New York,
New York. In the order appealed herein, the Administrator directed the
owner to offer the tenant of said premises a renewal lease.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised in the administrative appeal.
The original proceeding was commenced on October 18, 1985, by the tenant
(Vlasios Papadopoulos) filing a complaint of the owner's failure to renew
The petitioner-owner answered, alleging in substance that the complainant
tenant had already sued the petitioner-owner in the Supreme Court; and
that on September 26, 1985, the matter was submitted for decision by the
New York Supreme Court after a Cross-Notice of Motion for Summary
Judgement was filed.
The New York Supreme Court rendered a judgement on this matter on August
5, 1986 but this was not relied on by the Administrator.
In this petition, the owner stated in substance that the issue determined
by DHCR in its October 27, 1986 order has already been ruled upon by the
The Commissioner is of the opinion that this petition should be granted
and the Administrator's order revoked.
The courts have concurrent jurisdiction with DHCR in the implementation of
the Rent Stabilization Law as to tenancies and lease renewals.
DOCKET NUMBER: AK-410411-RO
The record shows that on August 5, 1986, Judge Hortence Gabel of the New
York State Supreme Court granted the motion and cross-motion for summary
judgment, "to the extent of declaring that plaintiff is not the "tenant in
occupancy" of apartment 15R at 788 Columbus Avenue, New York, N.Y.; that
defendant is under no legal obligation to offer a lease to him; and that
whatever rights, if any, plaintiff had to occupy the apartment terminated
with expiration of the prime lease on July 31, 1985." This decision
covers the same issue raised by the complaint which predates the
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and that
the Administrator's order be, and the same hereby is, revoked in based on
the New York State Supreme Court decision cited above.