ADM. REVIEW DOCKET NO.: BL 110199 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.:
BL 110199 RO
:
DRO ORDER NO.:
BD 110416-S
SIDNEY KAYLIE
PETITIONER :
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ORDER AND OPINION GRANTING TENANT'S PETITION FOR ADMINISTRATIVE
REVIEW, REVOKING RENT ADMINISTRATOR'S DETERMINATION, AND
REMANDING PROCEEDINGS FOR FURTHER CONSIDERATION
On December 23, 1987, the above-named petitioner-tenant
filed a Petition for Administrative Review (PAR) against an order
issued on November 23, 1987 by the Rent Administrator at Gertz
Plaza, New York, concerning the housing accommodations known as
108-42 64th Avenue, Apartment 6F, Forest Hills, New York,
collectively known as the Villas of Forest Hills, wherein the
Administrator dismissed the tenant's complaint of a reduction of
services, on the ground that the subject apartment was not rent
stabilized because the subject premises contained less than six
units. It is noted that the tenant's petition, was docketed
under the suffix "RO", normally designating an owner's petition.
On appeal, the petitioner asserts that he took occupancy of
the apartment in 1976, at which time the subject apartment was
rent stabilized, has remained in continuous occupancy since that
time, that the subject premises is part of a horizontal multiple
dwelling that was divided into two-family garden type apartments
that were converted to co-operative ownership, and sold to
individual owners and investors, and that the tenant has remained
in occupancy without purchasing the unit.
The owner responded that he purchased the unit in 1985, as a
two-family house with two apartments, submits a Certificate of
Occupancy reflecting that the premises contains two apartments,
and concludes that the subject premises is not subject to rent
stabilization as it contains less than six units.
The Commissioner notes that Division records reveal several
inconsistent orders determining the rent stabilized status of the
ADM. REVIEW DOCKET NO.: BL 110199 RO
subject unit, in addition to the proceedings herein under appeal.
In Docket No. BD-110051-RV, the Administrator, in an order dated
May 24, 1989, denied the tenant's complaint for the owner's
failure to offer the tenant a lease renewal, on the grounds that
the subject building is a two-family house not under the
jurisdiction of the Rent Stabilization Law and Code. However, in
an order issued on July 3, 1989, under Docket No. BE-110009-UC,
the Administrator found that the premises are part of a
horizontal multiple dwelling and subject to Rent Stabilization
pursuant to Section 2520.11(d) of the Rent Stabilization Code.
Section 2520.11(d) of the Code sets forth the following:
(d) buildings containing fewer than six housing
accommodations on the date the building first
became subject to the RSL, unless such buildings
are otherwise subject to this Code pursuant to
the RSL or other statutes and regulations; for
the purposes of this subdivision (d), a building
shall be deemed to contain six or more housing
accommodations if it was part of a multiple
family garden-type maisonette dwelling complex
containing six or more housing accommodations
having common facilities such as a sewer line,
water main or heating plant and was operated as
a unit under common ownership on the date the
building or complex first became subject to the
RSL, notwithstanding that Certificates of Occupancy
were issued for portions thereof as one or two-
family dwellings;
The Commissioner concurs that the apartment is subject to
rent stabilization pursuant to this section.
Accordingly, the matter is remanded to the Rent
Administrator for a determination of the tenant's services
complaint. This order supersedes any prior inconsistent orders
regarding the status of the subject apartment. The owner is
advised to file with DHCR appropriate registrations for this
apartment for every year from 1984 to the present, if this has
not already been done.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the tenant's petition be, and the same hereby
is, granted, that the Rent Administrator's order be, and the same
hereby is, revoked, and that the proceedings be, and the same
hereby are, remanded to the Administrator for further
consideration.
ISSUED:
ADM. REVIEW DOCKET NO.: BL 110199 RO
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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