BG 410419 RO
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. BG 410419 RO
: DISTRICT RENT OFFICE
DOCKET NO. 42370
81-30 East End Avenue Co.,
TENANT: Robert Schrade
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 4, 1987, the above-named owner filed a Petition for
Administrative Review of an order issued on March 31, 1987, by the
District Rent Administrator concerning the housing accommodations known
as 30 East End Avenue, New York, New York, Apartment No. 3A, wherein the
District Rent Administrator determined that, among other things, the
subject apartment contains four rooms.
The issue in this appeal is whether the Administrator correctly
determined the number of rooms in the subject apartment.
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 August 23, 1984 by the
filing of a Tenant's Objection to Rent Services Registration wherein the
tenant indicated that, among other things, apartment 3A actually
consists of four rooms rather than five rooms as stated on the owner's
Apartment Registration form.
In answer to the tenant's challenge of the total room count, the owner
sated, in essence, that the subject apartment contained five rooms. The
owner submitted a floor plan of the apartment.
In Order Number 42370, the District Rent Administrator determined that
the subject apartment consists of four rooms.
BG 410419 RO
In this petition, the owner requests that the Rent Administrator's Order
be modified to the extent that it be established with the Division that
apartment 3A consists of five rooms, i.e. a living room, two bedrooms,
a dining alcove, and a foyer. The owner submitted a floor plan with the
petition.
The Commissioner is of the opinion that this petition should be denied.
The definition of a room for rent stabilized apartments is as follows:
1) A windowless kitchen containing at lease 59 square feet;
2) An enclosed area with window containing at lease 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 discloses that the subject apartment consists of the following:
a kitchen of 59.2 square feet without a window; a living room of 278.2
square feet with two windows; a bedroom of 174.64 square feet with two
windows; a second bedroom of 208 square feet with four windows; a dining
alcove of 101.4 square feet without a window; and a foyer of 122.72
square feet without a window. The kitchen, living room, and two
bedrooms are enclosed and each meets the definition of a room. However
the dining alcove and foyer are not enclosed and, therefore, pursuant to
the definition of a room as promulgated by the Division, neither
qualifies as a room. Accordingly, the subject apartment contains four
rooms.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and that
the order of the District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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