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.BH420308RO
: DRO DOCKET NO.
Michael Rosenblatt ZAE410259RV
TENANT: Jong or
PETITIONER : Ok Choi
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 27, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
August 14, 1987 by the Rent Administrator 92-31 Union Hall Street
Jamaica, New York concerning the housing accommodation known as 203
West 107 Street, Apartment 6B, New York, New York wherein the Rent
Administrator directed the owner to offer the tenant a renewal
lease.
The Commissioner has examined all of the evidence of record and has
carefullly considered that portion of the record relevant to the
issue raised in the Administrative Appeal.
This proceeding was commenced when the tenant filed a complaint in
May 1986 of owner's failure to renew lease.
In answer to the complaint, the owner asserted that because he
charged the tenant less rent than the legal maximum since the
tenant claimed he could not afford guideline increases on lease
renewal, he had not always provided leases to the tenant.
In the order issued on August 14, 1987, the Administrator directed
the owner to renew the tenant's lease for either one or two years
at the tenant's option.
In his appeal, the owner contends that the order erroneously
assumes that the owner did not timely offer a lease renewal, but,
in truth, the tenant had refused to sign the lease which had been
timely offered. Therefore, the owner asserts that the renewal
should date from April 1, 1986, the original lease date and that he
should be permitted guidelines increases as of that date.
Although given the opportunity to do so, the tenant did not reply
to the owner's appeal.
BH420308RO
The Commissioner is of the opinion that this petition should be
granted.
Review of agency records reveals that in a related proceeding under
Order No. ZAD410531R, the Administrator correctly determined (said
determination upheld in PAR Order #BI410292RT) that as of October
1, 1983 and thereafter the tenant could not refuse to sign a
renewal lease because no three year option was given, and that the
tenant had refused to sign his 1986 renewal lease on that basis.
Since the evidence in this companion proceeding indicates that the
tenant refused to sign a renewal lease commencing April 1, 1986
when tendered on the basis that he wanted a three year lease, the
Commissioner finds that the owner is entitled to have a two year
lease commence on April 1, 1986 and to have the renewal rent
increases effective as of that date.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is granted and
the Rent Administrator's order be, and the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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