DOC. NO.: BD 810006-RT
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF : DOCKET NO. BD 810006-RT
CHERYL BUSH, : DISTRICT RENT ADMINISTRATOR'S
PETITIONER : DOCKET NO. YAK-8-1-0001-RV
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 20, 1987, the above-named petitioner-tenant filed a Petition for
Administrative Review against an order issued on March 23, 1987 by the
Rent Administrator, 99 Church Street, White Plains, New York concerning
housing accommodations known as 20 Chestnut Hill Avenue, Apartment 5-A,
White Plains, New York, wherein the Administrator denied the application
and terminated the tenant's complaint of non-lease renewal. Said order
contains the notation "Landlord has sent lease to tenant. Lease effective
February 1, 1986 to January 31, 1988 at a rental of $297.18."
In this petition for administrative review the tenant acknowledges signing
a renewal lease at a rental of $297.18 per month but reiterates, among
other things, her contention that she did not receive from the Landlord a
fully executed copy of the lease renewal bearing the landlord's signature.
After a careful consideration of the entire record, the Commissioner is of
the opinion that this petition should be denied.
The applicable provision of the tenant Protection Regulations provide, in
pertinent part, that the landlord must offer a tenant a renewal lease, on
a form promulgated by the Division, not more than 120 days nor less than
90 days prior to the expiration of the prior lease term. In this respect
the record contains a copy of the lease renewal in question, fully
executed dated October 24, 1985, and signed by the tenant herein on
December 9, 1985. Said lease renewal, for a two year term accepted by the
tenant, provides for a rental of $297.18 per month, effective February 1,
1986.
The Commissioner is of the opinion that the order of the Rent
Administrator, which terminated the proceeding below, is correct and
should be affirmed. For informational purposes a copy of said lease
renewal is being enclosed with the tenant's copy of this order and
opinion.
DOC. NO.: BD 810006-RT
THEREFORE, in accordance with the provisions of the Emergency Tenant
Protection Act and Regulations, 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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|