BE 210041 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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BE 210041 RT
: DRO DOCKET NO. 21402
DIANA WHEATON OWNER: DAVIS/KELLY
ASSOCIATES
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On May 9, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on April
6, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 520 Second
Street, Brooklyn, New York, Apartment No. 3R. wherein the Rent
Administrator dismissed the tenant's challenge to the fair
market rent.
The record indicates that in July 1984, the tenant herein
filed an Objection to the Registration in which she questioned the
fair market rent of the subject apartment.
In response the owner submitted copies of leases for the
subject apartment from November 15, 1976. Such leases disclosed
that the tenant herein first moved to the subject apartment on
August 1, 1983. The owner also stated that when the prior owner
had purchased the subject premises in 1977, the subject apartment
was rent stabilized.
In Order Number 21402, the Rent Administrator dismissed the
tenant's fair market rent appeal on the basis that the subject
premises had been continuously rent stabilized and never subject
to rent control so that the tenant herein was not eligible to file
a fair market rent appeal.
In this petition, the tenant alleges in substance that the
subject apartment was at one time subject to rent control and that
the tenant herein was entitled to file a fair market rent appeal.
The Commissioner is of the opinion that this proceeding
should be remanded so that the tenant's fair market rent appeal
can be processed on the merits.
In this case, rent records for the subject apartment disclose
that the subject apartment had been subject to rent control and
that the owner filed a report of statutory decontrol on January
13, 1976 under docket 2DR 165576. Accordingly, the Rent
Administrator should not have dismissed the tenant's fair market
BE 210041 RT
rent appeal on the basis that the subject apartment has been
continuously subject to the Rent Stabilization Law. Therefore,
this proceeding is being remanded to process the tenant's fair
market rent appeal on the merits. All parties are to be notified
and given a chance to submit evidence in such remanded proceeding
including evidence as to whether the first rent stabilized tenant
was served with the required DC-2 Notice.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, granted to the extent of remanding this
proceeding to the Rent Administrator for further processing in
accordance with this order and opinion.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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