Adm. Rev. Docket No.: CD120314RO
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. CD120314RO
ROOPHARINE SINGH, :
DISTRICT RENT
ADMINISTRATOR'S
PETITIONER : DOCKET NO. BC120001OE
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TENANT: TERESA CHAVEZ
Also Referred to As
THERESA CHAVEZ SCHUDDER
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 1, 1988, the above-named petitioner-owner filed a
petition for administrative review of an order issued on March 4,
1988 by the Rent Administrator at Gertz Plaza, Jamaica, New York
concerning the housing accommodations known as Apt. #3R at 45-47
40th Street, Long Island City, Queens, New York, wherein the
Administrator found that the subject rent controlled tenant had
resided in the subject building for twenty years or more and,
therefore, denied the owner's application for a certificate of
eviction based on the owner's proposed use of the subject housing
accommodation for his personal housing needs.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the Petition.
In the Petition the owner asserts, in substance, that the
Administrator had denied the owner's application solely on the
basis of the tenant's unsubstantiated allegations.
The tenant answered the Petition, re-asserting that the tenant has
resided in the subject building for twenty years, having taken
occupancy under a lease whose term commenced on January 15, 1968.
The tenant annexed a copy of said lease to the answer.
The Commissioner is of the opinion that the Petition should be
denied.
The Commissioner notes that, in the proceeding below, the tenant
had submitted various items of documentary evidence that tended to
support the allegation that the tenant had taken occupancy in 1968.
Adm. Rev. Docket No.: CD120314RO
Included among those items were rent receipts, a copy of the
initial (1984) apartment registration statement filed by the
petitioner-owner (wherein the apartment is described as rent
controlled) and a copy of the above-described initial lease.
The Commissioner also notes that the owner has submitted nothing to
refute the tenant's allegations or evidence.
The Commissioner therefore finds that the Administrator properly
determined this matter on the basis of the weight of the evidence
before him.
THEREFORE, in accordance with all of the applicable laws and
regulations, it is
ORDERED, that this Petition be, and the same hereby is, denied, and
that the order of the Administrator be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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