ART 11599 Q
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ART 11599-Q
TOMA GHEORGHE, DRO DOCKET NO.: Q-3109456-R
ORDER NO.: CDR 17,455
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 3, 1986 the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
June 2, 1986 by the District Rent Administrator, 10 Columbus
Circle, New York, New York, concerning the housing
accommodations known as Apartment Number 500, located at 26-45
9th Street, Queens, New York wherein the Administrator dismissed
the tenant's complaint and thereby terminated the proceeding.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
This proceeding was originally commenced by the tenant's filing
of a complaint of rent overcharge on March 30, 1984.
The owner, in its answer stated that the subject building is not
subject to the Rent Stabilization Law and Code since it is
subject to the supervision of the U.S. Department of Housing and
Urban Development.
On June 2, 1985 the District Rent Administrator issued an order
dismissing the tenant's complaint on the basis that the subject
premises are subject to the jurisdiction of the U.S. Department
of Housing and Urban Development and thus not currently subject
to the Rent Stabilization Law.
In his Petition for Administrative Review, the tenant states in
substance that the owner does not want to renew his lease; and
that if the Division does not act quickly he will be evicted.
The Commissioner is of the opinion that tenant's Petition should
be denied.
The Commissioner notes that Section 26-504 of the Rent
Stabilization Law provides, in pertinent part, as follows:
ART 11599 Q
This law shall apply to . . . class A multiple
dwellings not owned as a cooperative or as a
condominium . . . containing six or more dwelling
units which were completed after February first,
nineteen hundred forty-seven except dwelling units (a)
owned or leased by, or financed by loans from a public
agency or public benefit corporation . . ., (c) aided
by government insurance under any provision of the
national Housing Act....
The records in this case including copies of leases submitted by
the tenant reveal that the subject building is covered by a
mortgage insured under Section 236 of the National Housing Act
and thus is not currently subject to the Rent Stabilization Law
and Code. The record further revealed that rents for the subject
building are set by the Department of Housing and Urban
Development at regular intervals.
Accordingly the Rent Administrator correctly dismissed the
tenant's complaint.
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, denied;
and the Administrator's order be, and the same hereby is,
affirmed.
ISSUED
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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