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. BF 110225 RO
: DRO DOCKET NO. 43421
BELGRAVIA PROPERTIES CO.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 3, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on May
8, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 61-88 Dry
Harbor Road, Queens, New York, Apartment No. 5G wherein the Rent
Administrator determined that, among other things, the subject
apartment contains four rooms.
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 by the filing of a
Tenant's Objection Form challenging the owner's apartment
registration statement. The tenant alleged inter alia that the
subject apartment consists of four rooms rather than five rooms as
listed by the owner in its registration statement.
In answer to the tenant's objection, the owner stated in
substance that the subject apartment consists of five rooms. In
support of its contention the owner submitted a floor plan of the
subject apartment.
In Order Number 43421, the Rent Administrator determined
inter alia that the subject apartment consists of four rooms.
In this petition, the owner contends in substance that the
Administrator's Order is incorrect and should be modified because
the subject apartment consists of five rooms as shown by the floor
plan and based on the Real Estate Board of New York's method of
determining the room count.
The Commissioner is of the opinion that this petition should
be denied.
BF 110225 RO
The definition of a room for rent stabilized apartments is as
follows:
1) A windowless kitchen containing at least 59 square feet;
2) An enclosed area with window containing at least 60 square
feet;
3) An enclosed area without window containing at least 80
square feet;
4) Do not include bathroom, walk-in-closet, etc.
In the instant case, an examination of the floor plan for the
subject premises indicates that the subject apartment consists of
the following: a kitchen of over 59 square feet; two bedrooms and
a living room area containing a dining foyer and a dining area not
separated from the living room area. Accordingly, the subject
apartment contains four rooms pursuant to the above definition of
a room. It is noted that the DHCR is not bound by, and does not
utilize, the residential room count recommended by the Real Estate
Board of New York as cited by the owner in its petition.
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, 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.: BF 110225 RO
DRO Docket No/Order No.: 43421
Tenant(s): Claire Strongson
Owner: Belgravia Gardens Co.
Code Section:
Premises: 61-88 Dry Harbor Road, Queens, New York, Apt. 5G
Order and Opinion Denying Petition
Petition denied on basis number of rooms in subject apartment
was correctly determined.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
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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