STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
On August 12, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on August 6, 1987, by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodation known as 1090 Flatbush Avenue,
Brooklyn, New York, Apartment 3-L.
A review of the record indicates that on August 6, 1987, the Rent
Administrator directed the owner to correct all service defi-
ciencies and to restore all services. The Rent Administrator did
not order a rent reduction because the tenant did not request a
rent reduction in the complaint.
Subsequent thereto, the owner initiated an owner exemption deter-
mination with the DHCR, under Docket No. DG210003UC. On September
28, 1990, the Rent Administrator denied the owner's application as
"Determines that, based upon information on file,
including two (2) inspections conducted by this Agency on
9/20/87 and 8/8/90, and pursuant to the order issued
under Docket #BL210003-UC on 6/27/88, the subject prem-
ises is exempt from the Rent Stabilization Code. Pursuant
to Section 2520.11(d) of the Rent Stabilization Code, the
Courts have found that buildings containing only one (1)
common facility (such as boiler) do not constitute a
horizontal multiple dwelling."
Thereafter, the tenant applied to the Rent Administrator for
reconsideration of the record in the proceeding under Docket No.
DG210003UC and on June 15, 1994, the Rent Administrator under
Docket No. GL210015RP, found that the order previously issued on
September 28, 1990, should be affirmed.
Both below and on appeal in the instant proceeding (Docket No.
BH210196RO), the owner alleged, in pertinent part, that the subject
premises is exempt from DHCR regulation because the subject
building is a four-family dwelling.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the administrative appeal
should be terminated.
The record clearly shows that the Division of Housing and Community
Renewal (DHCR) proceeding under Docket No. DG210003UC determined
that the subject premises is exempt from the provisions of the Rent
Stabilization Code and the DHCR proceeding, under Docket No.
GL210015RP affirmed the earlier order.
Accordingly, the Commissioner finds that the instant administrative
appeal should be terminated because the premises are not subject to
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code,it is
ORDERED, that this administrative appeal be, and the same hereby
is, terminated and the Rent Administrator's order be, and the same
hereby is, revoked.
JOSEPH A. D'AGOSTA