ADM. REVIEW DOCKET NO. CC120259RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. CC120259RO
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 15, 1988, the above-named landlord filed a petition
for administrative review of an order issued on February 22, 1988
by the Rent Administrator concerning the housing accommodation
known as the First Floor Apartment, 150-04 26th Avenue, Flushing,
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.
On May 7, 1987, the subject landlord filed with the rent
agency an application for a Certificate of Eviction. In her
application the landlord alleged that she needed the subject
apartment for her personal use.
In the subject tenant's answer, dated June 1, 1987, he
asserted that the landlord's application must be dismissed as he
has resided in the subject apartment for more than twenty years;
that the subject building's prior landlord had also commenced an
eviction proceeding against the subject tenant, and that the Civil
Court-Queens County had issued an order dismissing the landlord's
eviction proceeding with prejudice as the court determined that the
subject tenant has resided in the subject apartment for twenty or
In the order under review herein, the Administrator denied the
landlord's application as the subject tenant has proved that he has
resided in the subject apartment for over twenty years.
ADM. REVIEW DOCKET NO. CC120259RO
In her petition the subject landlord states that: "Decontrol
cutoff date for 2-family homes was April 1, 1953. Tenant moved in
approximately 1966. It appears that apartment is decontrolled."
After careful consideration, the Commissioner finds that the
subject landlord's petition should be denied.
The Commissioner finds that the subject landlord did not raise
the issue of the rental status of the subject apartment in the
proceeding before the Administrator. As the landlord has not
established that that issue which she raises for the first time
upon administrative review could not reasonably have been raised in
the proceeding before the Administrator, the issue pertaining to
the rental status of the subject apartment is outside the scope of
the Commissioner's review in this proceeding.
Furthermore, the record reflects that the rent agency issued
an order on April 1, 1981 under Docket No. 2AD28208 which
recontrolled the subject apartment. The Commissioner further finds
that the aforementioned order issued under Docket No. 2AD28208 is
a final determination of the rent agency.
Accordingly, the Commissioner finds that the subject landlord
is foreclosed from raising the issue of the rental status of the
subject apartment in the instant proceeding.
Based upon the evidence in the record, the Commissioner finds
that the Administrator's order under review herein should not be
Accordingly, the Commissioner finds that the landlord's
petition should be denied.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and Rent and Eviction Regulations, it is
ORDERED, that this petition be and the same hereby is, denied,
and that the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA