Docket No.: CA 220237-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.: CA 220237-RO
DISTRICT RENT
Antoinette Longo, ADMINISTRATOR'S DOCKET
NO.: 2AF-22004-OE
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 21, 1988, the above named petitioner-landlord filed
a Petition for Administrative Review against an order issued on
December 29, 1987, by the District Rent Administrator, at Gertz
Plaza, Jamaica, New York, concerning housing accommodations known
as Apartment (top floor) at 315 Degraw Street, Brooklyn, New York,
wherein the District Rent Administrator determined that the subject
tenant had occupied his rent control apartment for over twenty (20)
years and therefore was exempt from Eviction Regulations.
The issue in this appeal is whether the twenty years occupancy
exemption from eviction is applicable.
The applicable section of the Rent and Eviction Regulation is
Section 2204.5.
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 administrative appeal.
The owner (Antoinette Longo) commenced this proceeding by
filing an application on May 22, 1986 for eviction of a rent
control tenant for owner-occupancy.
The tenant answered that she has been lliving in the subject
apartment for over eighteen years at the time at the application.
A hearing was held at DHCR Offices located at Gertz Plaza on
October 6, 1987, "to determine it the owner seeks in good faith and
has an immediate and compelling necessity to obtain a certificate
at eviction.
At said hearing documentary evidence was submitted establishing
Docket No.: CA 220237-RO
that the tenant has been in occupancy since December 7, 1967.
Accordingly, on December 29, 1987 the District Rent
Administrator issued his order denying the owner's application for
eviction of the tenant due to the tenant having established proof
of twenty years of apartment occupancy.
Rent control statute which prevents landlord from evicting
twenty (20) years in possession tenant to recover possession for
personal use or use of immediate family applied when tenant in
possession reached 20-year milestone. Accordingly rent
administrator was correct in denying landlord's application for
certificate of eviction. Mc Murray Vs DHCR, 1988, 72 NYC 2d 1022)
The Commissioner is at the opinion that the owner's petition
should be denied.
THEREFORE, in accordance with the Rent Control Law and Eviction
Regulations, it is
ORDERED, that this petition be, and the same hereby is, and the
District Rent Administrator's order be, and the same hereby is
affirmed.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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