CC410348RT
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. CC410348RT
: DRO DOCKET NO.ZAJ410041R
JACOB GAYMON
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 16, 1988, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
February 12, 1988, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 136 West 87th Street, New York, New York, Apartment No. 4,
wherein the Rent Administrator found that the subject apartment was
not rent controlled, but rent stabilized and that no rent overcharge
had occurred.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2200.2(f)(10) of the New York City Rent and
Eviction Regulations (formerly Section 9, paragraph 5 of the New
York State Rent and Eviction Regulations).
The issue herein is whether the Rent Administrator's order was
warranted.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant to
the issue raised by the administrative appeal.
This proceeding was commenced in September 1986 by the tenant's
filing of a rent overcharge complaint in which the tenant stated in
substance that he first moved to the subject apartment in 1966 and
therefore should be considered as a rent controlled tenant.
An examination of rent records for the subject apartment
disclosed that in 1957 the State of New York Temporary State Housing
Rent Commission issued an order finding that the subject apartment
was not subject to rent control pursuant to Section 9, paragraph 5
of the New York State Rent and Eviction Regulations.
In Order Number ZAJ410041R, the Rent Administrator found that
the subject apartment was not rent controlled pursuant to the
aforementioned Section 9, paragraph 5 of the New York State Rent
and Eviction Regulations and found that the subject apartment was
rent stabilized and that no rent overcharge had occurred.
In this petition, the tenant alleges in substance that the
CC410348RT
subject apartment was illegally decontrolled.
The Commissioner is of the opinion that this petition should be
denied.
Section 2200.2(f)(10) of the Rent and Eviction Regulations for
New York City (formerly Section 9, paragraph 5 of the New York State
Rent and Eviction Regulations) provides in pertinent part that
additional housing accommodations created by conversion on or after
February 1, 1947 and prior to May 1, 1950 are not subject to rent
control. Further any housing accommodation created as a result of
any such conversion on or after May 1, 1950 shall continue to be
subject to control unless the State Rent Commission issued an order
decontrolling them.
In the instant case, the Temporary State Housing Rent
Commission issued an order of decontrol based on Section 9,
paragraph 5 in 1957. There is no evidence that this order was
appealed on a timely basis and there is no evidence that the subject
apartment was illegally decontrolled as alleged by the tenant in his
petition. Accordingly, the Rent Administrator's order was
warranted.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code and the Rent and Eviction Regulations for
New York City, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
JOSEPH A. D'AGOSTA
Deputy Commissioner
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