BG 410258 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 410258 RO
DOVERO REALTY CORPORATION,
DISTRICT RENT OFFICE
DOCKET NO.: 45222
TENANT: CATHERINE FURNESS
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 23, 1987 the above-named owner filed a Petition for
Administrative Review of an order issued on June 25, 1987, by the
District Rent Administrator concerning the housing accommodations
known as 235 East 89th Street, New York, New York, Apartment No.
2FN, wherein the District Rent Administrator determined that, among
other things, the subject apartment contains two 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
issues raised by the administrative appeal.
This proceeding was originally commenced in September 17, 1984 by
the filing of a Tenant's Objection to Rent Services wherein the
tenant indicated that, among other things, apartment 2FN actually
consists of two rooms rather than three rooms as stated on the
owner's Apartment Registration form.
In answer to the tenant's challenge of the total room count, the
owner stated, in essence, that the subject apartment contained
three rooms. The owner submitted a floor plan of the apartment.
In Order Number 45222, the District Rent Administrator determined
that the subject apartment consists of two rooms.
In this petition, the owner requests that the Rent Administrator's
Order be modified to the extent that it be established with the
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Division that apartment 2FN consists of three rooms, i.e. a living
room, kitchen and bedroom. The owner submitted a floor plan with
the petition.
The Commissioner is of the opinion that this petition should be
granted.
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
lease 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 99.76 square feet with one window;
a livingroom of 144 square feet with two windows; and
a bedroom of approximately 126 square feet with no
window.
The kitchen, livingroom and bedroom are enclosed and each meets the
definition of a room. Accordingly, the subject apartment contains
three rooms.
Based on the foregoing, the Rent Administrator's order is herein
modified to reflect that apartment 2FN consists of three rooms.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted,
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and that the order of the District Rent Administrator be, and the
same hereby is, modified in accordance herewith.
ISSUED:
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JOSEPH A. D'AGOSTA
Deputy Commissioner
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