ADM. REVIEW DOCKET NO. BI210251RO
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. BI210251RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO. AI220522R
JUAN RODRIGUEZ,
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 30, 1987, the above-named landlord filed a
petition for administrative review of an order issued on September
23, 1987 by a Rent Administrator concerning the housing
accommodation known as Apartment 3, 115 Lynch Street, Brooklyn, New
York.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the petition for review.
This proceeding was commenced by the subject tenant filing an
overcharge complaint, dated September 11, 1986.
The subject tenant commenced occupancy in the subject
apartment on May 1, 1962.
In the order under review herein, the Administrator
determined, among other things, that the subject apartment is rent
controlled and that the subject apartment's maximum rent is $151.15
per month effective March 6, 1979.
In his petition the subject owner asserts that the issue of
whether the subject apartment should be decontrolled based upon
owner occupancy is before the rent agency in the proceeding under
Docket No. 2AD57324.
After careful consideration, the Commissioner finds that the
owner's petition should be denied.
ADM. REVIEW DOCKET NO. BI210251RO
The rent agency's record reflects that on March 6, 1979 the
Administrator issued an order under the above-mentioned Docket No.
2AD57324. In the order issued under Docket No. 2AD57324, the
Administrator determined that, among other things, the subject
apartment is rent controlled, and that the subject apartment's
maximum rent is $151.15 per month effective on the date of the
subject tenant's initial occupancy.
The record reflects that there was no petition for
administrative review of the order issued under Docket No.
2AD57324. Accordingly, the Commissioner finds that the
Administrator's order issued on March 6, 1979 under Docket No.
2AD57324 is a final determination of the rent agency.
Based upon the above-mentioned facts, the Commissioner finds
that the owner's petition does not raise any issues which would
warrant the revocation of the Administrator's order under review
herein.
The Commissioner notes that the Administrator issued an order
on February 15, 1991 under Docket No. BE210474R, pertaining to the
subject apartment, which stated that:
The owner has failed to file the proper form
to collect any maximum base rent increases.
The tenant's rent is $151.15 per month as per
Docket No. 2AD57324 issued March 6, 1979.
The Commissioner further notes, based upon the rent agency's
record, that the above-mentioned Docket No. BE210474R is a final
determination of the rent agency.
Accordingly, the Commissioner finds that the owner's petition
should be denied.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and the Rent and Eviction 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
Deputy Commissioner
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