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 210333 RO
: DRO DOCKET NO. 014842
FREDDIE ELLIS TENANT: LESLIE R. VANN
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 4, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
April 8, 1987, by the Rent Administrator, 10 Columbus Circle, New
York, New York, concerning the housing accommodations known as 934
St. Marks Avenue, Brooklyn, New York, Apartment No. 6 or 3R,
wherein the Rent Administrator determined the fair market rent
pursuant to the special fair market rent guideline promulgated by
the New York City Rent Guidelines Board for use in calculating
fair market rent appeals.
The Administrative Appeal is being determined pursuant to
Section 26-513 of the Rent Stabilization Law.
The issue herein is whether the Rent Administrator's order
was warranted.
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 in July, 1984, by
the filing of a fair market rent adjustment appeal by the tenant
who took occupancy of the subject apartment pursuant to a lease
commencing December 15, 1983 at a rental of $350.00 per month.
The owner was served with a copy of the tenant's application
and afforded an opportunity to submit June 30, 1974 or post June
30, 1974 comparability data for determining the fair market rent
of the subject apartment. No response was received from the
owner.
In Order Number 014842, the Rent Administrator adjusted the
initial legal regulated rent by establishing a fair market rent of
$119.58 effective December 15, 1983. Based on the failure to
submit June 30, 1974 or post June 30, 1974 comparability data, the
Rent Administrator determined the fair market rent using the
special fair market rent guidelines alone.
BE 210333 RO
In this petition, the owner contends in substance that it did
submit an answer, and that the tenant herein was not the first
tenant after vacancy decontrol so that she was not eligible to
file a fair market rent appeal.
The Commissioner is of the opinion that this petition should
be denied.
Section 26-513 of the Rent Stabilization Law provides, in
pertinent part, that fair market rent adjustment applications are
to be determined by the use of special fair market rent guidelines
orders promulgated by the New York City Rent Guidelines Board and
by the rents prevailing in the same area for substantially similar
housing accommodations generally known as comparability. Where no
comparability data has been submitted, the fair market rent is
determined solely on the basis of the special fair market rent
guideline.
In the instant case, an examination of the record reveals no
submission of an answer by the owner in the proceeding before the
Rent Administrator. In addition, the owner did not submit a copy
of his alleged answer along with his petition. Further the owner
has submitted no proof that the tenant herein was not entitled to
file a fair market rent appeal. Accordingly, the Rent
Administrator's order was warranted.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BE 210333 RO
DRO Docket No/Order No.: 014842
Tenant(s): Leslie R. Vann
Owner: Freddie Ellis
Code Section: 26-513 of Rent Stabilization Law
Premises: 934 St Marks Avenue, Brooklyn, New York, Apt. 6 or 3R
Order and Opinion Denying Petition
Petition denied on basis fair market rent of subject
apartment was correctly determined.
APPROVED:
Processing Attorney:
Supervising Attorney:
Director:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
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