Adm. Rev. Docket No. BH 420339-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


          ------------------------------------X
          IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
          APPEAL OF                               DOCKET NO.: BH 420339-RO 

                                                  DISTRICT RENT
                                                  ADMINISTRATOR'S DOCKET
          ANDERS LAREN                            NO.: AB 420020-OE
                                                  TENANT: PATRICK McHUGH
                                   PETITIONER
          ------------------------------------X



            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


          The above-named petitioner timely filed a Petition for 
          Administrative Review against an order issued on July 30, 1987, by 
          the Rent Administrator at Gertz Plaza, Jamaica, New York, 
          concerning housing accommodations known as apartment 5A at 320 
          Lexington Avenue, New York, New York, wherein the Administrator 
          denied the subject application for a Certificate of Eviction under 
          section 2204.5 of the Rent and Eviction Regulations.

          The Commissioner has reviewed all of the evidence in the record and 
          has carefully considered that portion of the evidence relevant to 
          the issues raised in the administrative appeal.

          The issue in this appeal is whether an individual who claims to be 
          co-owner of a building which is, in fact owned by a corporation, 
          can obtain a certificate of eviction under section 2204.5: that is, 
          on the grounds that the individual needs the accommodation in 
          question for his own use and occupancy.

          This proceeding was originally commenced on February 18, 1986, by 
          the filing of an application by Anders Laren for a Certificate of 
          Eviction under Section 2204.5 of the Rent and Eviction Regulations 
          (the Regulations), which are issued under the New York City Rent 
          (Control) Law (the Rent Law).  In that application, the applicant 
          alleged that he did not know how old the tenant was nor how long 
          the tenant had occupied the subject rent controlled apartment.  The 
          applicant also alleged that he was a co-owner of the subject 
          building and was to be married in September of 1986, whereupon he 












          Adm. Rev. Docket No. BH 420339-RO

          and his wife would need the tenant's apartment to live in.

          In answer to the application, the tenant alleged that he was over 
          sixty-two years of age.

          Upon being asked for additional information and/or proof (including 
          proof that he held at least a 20% equitable interest in the subject 
          building), the applicant submitted a copy of the deed to the 
          building and a list of the tenants and other occupants of the 
          building.

          Thereafter, the tenant supplemented his answer with the statement 
          that he had lived at his present residence since 1964.

          The Administrator denied the owner's application on the grounds 
          that the owner had not responded to the Administrator's request for 
          information.

          In the Petition, the applicant asserts, in substance, that he did 
          respond to the Administrator's request for additional 
          information/proof and is entitled to the relief sought.

          In response to the Petition, the tenant asserts, in substance, that 
          he showed that he is exempt from the application of Section 2204.5 
          below and the Petition should be denied.

          The Commissioner is of the opinion that the Petition should be 
          denied.

          The Commissioner notes that the deed submitted by the applicant 
          below shows that on or about June 6, 1986, U.S. Securities 
          Corporation deeded the subject improved real property to 320 
          Lexington Ave. Realty Corp.  The Commissioner further notes that 
          the last part of the metes and bounds description in said deed 
          reads as follows:

               Said premises known as 320 Lexington Avenue, New York, 
               N.Y. 10016

               Being the same premises conveyed to the party of the 
               first part [U.S. Securities Corporation] by Kuno Laren, 
               Mary Laren and Anders Laren by deed dated December 27, 
               1984 and recorded with the Register of New York County at 
               Reel 861 Page 654.

          The Commissioner further notes that the deed is the only evidence 
          submitted to show who the owner of this building is.  Said deed 
          clearly indicates that at all times relevant hereto, the subject 
          building has been owned by a corporation.  Indeed, the Petitioner- 
          applicant has not submitted any evidence of his connection to 
          either of the corporate owners of the building other than what is 
          shown in this deed:  that he was a co-grantee of the building to 






          Adm. Rev. Docket No. BH 420339-RO

          U.S. Securities Corporation and the deed from U.S Securities 
          Corporation to 320 Lexington Ave. Realty Corp. appears to have been 
          executed by the applicant's father, Kuno Laren, as the President of 
          U.S. Securities Corporation. However, the Commissioner points out 
          that the value of any evidence showing a substantial nexus between 
          the Petitioner-applicant and the current corporate owner (that is, 
          as an aid to securing him the relief sought) would be very 
          doubtful.  This is so because the relief provided for under Section 
          2204.5 is only available to landlords who are natural persons.  
          Therefore, the Commissioner finds that the Petitioner-applicant, 
          Anders Laren, has not proven any entitlement to the relief sought, 
          either below or on this appeal.

          The Commissioner therefore finds that the Petition should be 
          denied.

          The Commissioner notes that the Division's registration records for 
          this building do not reflect the fact that in 1986 320 Lexington 
          Ave. Realty Corp. acquired title to this building.  Therefore a 
          copy of this order will be sent to that Corporation and the 
          Commissioner hereby advises said owner that any anomalies in the 
          registration of this building, as required by the Emergency Tenant 
          Protection Act of 1974, as amended by the Omnibus Housing Act of 
          1983, should be corrected as soon as possible.

          THEREFORE, pursuant to all of the applicable statutes and 
          regulations, it is

          ORDERED, that this 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
                                             Acting Deputy Commissioner






    

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name