BG110216RT

                                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

      ------------------------------------X 
      IN THE MATTER OF THE ADMINISTRATIVE    ADMINISTRATIVE REVIEW
      APPEAL OF                              DOCKET NO.: BG110216RT

           Mildred Balzano,                  DRO DOCKET NO.: AC110075RV

                                             TENANT: Mildred Balzano          
                               PETITIONER    
      ------------------------------------X                             

           ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

      On July 24, 1987, the above-named petitioner-tenant filed a Petition for 
      Administrative Review against an order issued on June 24, 1987, by a 
      Rent Administrator concerning the housing accommodations known as       
      39-07 208th Street, Bayside, New York, Apartment No. 16, wherein the 
      Rent Administrator dismissed the tenant's complaint.

      The Administrative Appeal is being determined pursuant to the provisions 
      of Section 2526.1 of the Rent Stabilization Code.

      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 on January 15, 1986 by the 
      filing of a complaint of the owner's failure to issue a renewal lease.  
      The tenant stated that she had assumed occupancy on January 15, 1975 
      pursuant to a two year lease at a rent of $245.00 per month.  The 
      complaint further stated that the owner has expressed an intention to 
      withdraw the subject apartment from the housing market in order to 
      demolish the building and construct new dwelling units.

      In its answer, the owner stated that it had already submitted an 
      application with the DHCR to withdraw the subject apartment from the 
      rental market under Docket Number OI011001DI.

      In June 24, 1987, the Rent Administrator issued the order appealed 
      herein which stated that the issue of the tenant's right to a renewal 
      lease would be resolved upon the issuance of the order under Docket 
      Number OI011001DI concerning the owner's application to recover the 
      unit, and that both tenant and owner would be advised of that 
      determination.

      On June 20, 1989, a Rent Administrator issued an order under Docket 
      Number OI011001DI wherein it was determined to grant the owner's 
      application to recover twenty six occupied units, including the subject 
      apartment, demolishing them to convert them into thirteen one-family 
      dwellings, as conditioned upon the owner's compliance with certain 







          BG110216RT

      relocation and stipend provisions.

      None of the tenants affected by the order, including the complainant in 
      this proceeding, has appealed the order.  The owner's petition of the 
      order, relating only to the relocation conditions, was denied by the 
      Commissioner in an opinion issued on June 12, 1990.

      The tenant's petition was filed on July 24, 1987, and has not been 
      amended or supplemented since the issuance of the order granting the 
      owner's application.  In her petition, the tenant contends that the 
      Administrator's determination was incorrect, and cited another DHCR 
      order, under Docket Number AB110010RV, which had ordered the same owner 
      to issue a renewal lease to a tenant in another unit.  

      The Commissioner is of the opinion that this petition should be denied.

      The instant proceeding was commenced when the petitioner-tenant filed a 
      complaint alleging the owner's failure to issue her a renewal lease.  
      The administrative order appealed herein dismissed the tenant's 
      complaint based on the owner's application to withdraw 26 units, 
      including the complainant's, from the market.  The Rent Administrator 
      was correct in terminating the tenant's proceeding, as the only issue 
      therein would of necessity be resolved in the order based on the owner's 
      application.  Although the application was still being processed at the 
      time the tenant filed her petition, the underlying issue of this appeal 
      has since been resolved by the administrative order granting the owner's 
      application and the expiration of the designated period for the filing 
      of an appeal without challenge (the owner's appeal of the order is 
      unrelated to the lease-renewal issue).

      It is further noted that, based on the latest registrations filed by the 
      owner, it appears that the owner has not acted on the original plan.  
      Registration information indicates that the complaining tenant has in 
      fact been issued a renewal lease, but one which terminated on December 
      31, 1992.  If the tenant is still occupying the subject apartment and 
      has not in fact received a renewal lease, this order and opinion is 
      issued without prejudice to the tenant's right to file a new complaint 
      of the owner's failure to offer a renewal lease.

      THEREFORE, in accordance with Rent Stabilization Law and Code, it is

      ORDERED, that the petition be, and the same hereby is denied, and that 
      the Administrator's order be and the same hereby is affirmed.


      ISSUED:



                                                                  
                                      JOSEPH A. D'AGOSTA
                                      Deputy Commissioner
    

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