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
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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
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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
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