DOCKET NO.: BH 220114-RT
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 APPEAL
APPEAL OF DOCKET NO. BH 220114-RT
: DRO DOCKET NO. ZAI 220013-OE
ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
On August 12, 1987, the above named petitioner-Joseph Bologna filed a
Petition for Administrative Review against an order issued on August 6,
1987, by the District Rent Administrator at Gertz Plaza, Jamaica, New
York, concerning housing accommodations known as Apartment 2 left at 528
Graham Avenue, Brooklyn, NY 11222, wherein the District rent Administrator
determined that the owner's petition for a certificate of eviction against
the tenant at 2R should be denied as a certificate was not required for
the nuisance grounds the landlord alleged.
The subject PAR was filed by the tenant who has raised, the extraneous
issue that the owner did not pursue the required alternative notice on
DHCR for bringing an eviction action against a rent control tenant without
certificate of eviction.
The applicable section of the Rent and Eviction Regulations are Section
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.
In Order Number ZAI 220013-OE, the Rent Administrator determined that the
owner did not require a certificate of eviction prior to bringing a
summary proceeding against the subject rent control tenant on ground of
nuisance violation of statutory lease.
In this petition, the tenant contends that the Rent Administrator's Order
is incorrect as it doesn't deal with whether the owner alternatively filed
proper notice with agency prior to commencing Summary proceeding against
tenant without certification of eviction.
The Commissioner is of the opinion that this petition should be terminated
as there is no jurisdiction. The only application before the agency was
that of the owner for a certificate of eviction. Said petition was denied
in the subject order, as it wasn't required in for a Summary proceeding
based on alleged nuisance grounds.
The issue of whether the owner alternatively filed proper notice with DHCR
DOCKET NO.: BH 220114-RT
prior to bringing summary proceeding against the tenant without
certificate of eviction was properly addressed by both tenant's harassment
complaint and by housing court in the summary proceeding.
THEREFORE, in accordance with the Rent Control Law and Rent and Eviction
Regulations, it is
ORDERED, that this petition be, and the same hereby is, terminated.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner