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.: ARL 08712-L
DRO DOCKET NO.: LC 000090-E
C. SCOTT BROWN PETITIONER :
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 13, 1986 the abovenamed petitioner owner filed a Petition for
Administrative Review against an order issued on February 13, 1986 by the
Rent Administrator concerning the housing accommodations known as 53 West
94th Street, Apartment 1R, New York, New York.
The herein appealed order of the Rent Administrator denied the owner's
application for a certificate of eviction for the subject rent controlled
apartment for his own occupancy.
In his petition the owner, among other things, urges, in substance, that
he had established an immediate and compelling necessity for occupancy of
the apartment in that he is residing in a studio apartment on Horatio
Street in the Village which is in a unsavory location for visits by his
fiance and his son by a prior marriage and that, when he and his fiance
marry, a studio apartment will not be a suitable environment where his son
can visit them and stay overnight.
The Commissioner notes that the RAR-9 acknowledgment form which was mailed
to owner, at his Horatio Street address was returned by the Post Office
marked "Moved Left No Address".
The Commissioner is of the opinion that the petition should be denied.
The record discloses that the owner is no longer residing in the
accommodation whose alleged unsuitability was the basis for his
The Commissioner is also of the opinion that the owner had not
established an immediate and compelling necessity within the meaning of
the Rent and Eviction Regulations since he was not married and his son was
not residing with him.
THEREFORE, pursuant to the Rent and Eviction Regulations for New York
City, it is
ORDERED, that this petition be, and the same hereby is, denied and that
the order of the Rent Administrator be, and the same hereby is affirmed.