DH610204RO
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.DH610204RO
: DRO DOCKET NO.ZTA10657
MARVIN YASGUR TENANT:ROBINSON IRIZARRY
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 14, 1989, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on July
24, 1989, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, New York, concerning the housing accommodations
known as 2260 Olinville Avenue, Bronx, New York, Apartment No. A-1
wherein the Rent Administrator determined the fair market rent
pursuant to the special fair market rent guideline promulgated by
the New York City Rent Guidelines Board for use in calculating fair
market rent appeals.
The Commissioner notes that this proceeding was filed prior to
April 1, 1984. Sections 2526.1 (a) (4) and 2521.1 (d) of the Rent
Stabilization Code (effective May 1, 1987) governing rent overcharge
and fair market rent proceedings provide that determination of these
matters be based upon the law or code provisions in effect on March
31, 1984. Therefore, unless otherwise indicated, reference to
Sections of the Rent Stabilization Code (Code) contained herein are
to the Code in effect on April 30, 1987.
The Administrative Appeal is being determined pursuant to the
provisions of Section 25 of the Rent Stabilization Code.
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 originally commenced prior to March 31,
1984 by the filing of a fair market rent adjustment application
(hereafter FMRA) by the tenant who took occupancy of the subject
apartment on January 15, 1977 at a rental of $310.00 per month. In
his FMRA, the tenant stated that the subject apartment had been used
as an office by the owner.
In response to the tenant's FMRA, the owner stated in substance
that the subject apartment had been decontrolled prior to June 30,
1974 and that the tenant herein was ineligible to file a FMRA.
DH610204RO
Subsequently, the owner submitted a copy of a Landlord's Report of
Statutory Decontrol date stamped as filed in 1973 under docket
2DR69859 with the Housing and Development Administration Department
of Rent and Housing Maintenance, the agency formerly charged with
enforcing the Rent Control Law and Regulations, in 1973. Such
Report indicated that the subject apartment had been vacancy
decontrolled in July 1971 and had then been occupied by the owner's
managing agent Jacob L. Baker. The owner further submitted a lease
for the subject apartment commencing February 1, 1976, indicating
Jacob L. Baker as the tenant of the subject apartment.
In Order Number ZTA10657, the Rent Administrator adjusted the
initial legal regulated rent by establishing a fair market rent of
$234.76 effective February 1, 1976 incorrectly stating that Jacob
L. Baker first moved to the subject apartment on February 1, 1976.
In this petition, the owner alleges in substance that the
tenant herein was not entitled to file a FMRA and that Mr. Baker had
first moved to the subject apartment in 1971 as evidenced by the
Landlord's Report of Statutory Decontrol.
The Commissioner is of the opinion that this petition should be
granted.
Section 25 of the Rent Stabilization Code provides in pertinent
part that a FMRA may be filed by the tenant of :
1) a dwelling unit which was subject to the Rent Stabilization Law
prior to July 1, 1971 and was vacated between January 1, 1974 and
June 30, 1974, both dates inclusive
2) a dwelling unit which was subject to the City Rent Law prior to
July 1, 1971, and was vacated between January 1, 1974 and June 30,
1974, both dates inclusive; or
3) a dwelling unit which was subject to the City Rent Law on June
30, 1974 and was vacated thereafter.
In the instant case, the evidence of record discloses that the
subject apartment was subject to the City Rent Law prior to July 1,
1971, but was vacated in July 1971 and then occupied by Jacob L.
Baker from July 23, 1971 to at least February 1, 1976. Accordingly,
the tenant herein does not fit any of the three categories wherein
a FMRA may be filed pursuant to Section 25 as denoted above and the
Rent Administrator should have dismissed the tenant's FMRA.
Therefore, the Rent Administrator's order is being revoked herein.
If the owner has already complied with the Rent Administrator's
order and there are arrears due to the owner as a result of the
instant determination, the tenant shall be permitted to pay off the
arrears in twelve equal monthly installments. Should the tenant
DH610204RO
vacate after the issuance of this order or have already vacated,
said arrears shall be payable immediately.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, granted, and, that the order of the Rent
Administrator be, and the same hereby is, revoked.
ISSUED
JOSEPH A. D'AGOSTA
Deputy Commissioner
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
DH610204RO
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.DH610204RO
: DRO DOCKET NO.ZTA10657
MARVIN YASGUR TENANT:ROBINSON IRIZARRY
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 14, 1989, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on July
24, 1989, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, New York, concerning the housing accommodations
known as 2260 Olinville Avenue, Bronx, New York, Apartment No. A-1
wherein the Rent Administrator determined the fair market rent
pursuant to the special fair market rent guideline promulgated by
the New York City Rent Guidelines Board for use in calculating fair
market rent appeals.
The Commissioner notes that this proceeding was filed prior to
April 1, 1984. Sections 2526.1 (a) (4) and 2521.1 (d) of the Rent
Stabilization Code (effective May 1, 1987) governing rent overcharge
and fair market rent proceedings provide that determination of these
matters be based upon the law or code provisions in effect on March
31, 1984. Therefore, unless otherwise indicated, reference to
Sections of the Rent Stabilization Code (Code) contained herein are
to the Code in effect on April 30, 1987.
The Administrative Appeal is being determined pursuant to the
provisions of Section 25 of the Rent Stabilization Code.
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 originally commenced prior to March 31,
1984 by the filing of a fair market rent adjustment application
(hereafter FMRA) by the tenant who took occupancy of the subject
apartment on January 15, 1977 at a rental of $310.00 per month. In
his FMRA, the tenant stated that the subject apartment had been used
as an office by the owner.
In response to the tenant's FMRA, the owner stated in substance
that the subject apartment had been decontrolled prior to June 30,
1974 and that the tenant herein was ineligible to file a FMRA.
DH610204RO
Subsequently, the owner submitted a copy of a Landlord's Report of
Statutory Decontrol date stamped as filed in 1973 under docket
2DR69859 with the Housing and Development Administration Department
of Rent and Housing Maintenance, the agency formerly charged with
enforcing the Rent Control Law and Regulations. Such Report
indicated that the subject apartment had been vacancy decontrolled
in July 1971 and had then been occupied by the owner's managing
agent Jacob L. Baker. The owner further submitted a lease for the
subject apartment commencing February 1, 1976, indicating Jacob L.
Baker as the tenant of the subject apartment.
In Order Number ZTA10657, the Rent Administrator adjusted the
initial legal regulated rent by establishing a fair market rent of
$234.76 effective February 1, 1976 incorrectly stating that Jacob
L. Baker first moved to the subject apartment on February 1, 1976.
In this petition, the owner alleges in substance that the
tenant herein was not entitled to file a FMRA and that Mr. Baker had
first moved to the subject apartment in 1971 as evidenced by the
Landlord's Report of Statutory Decontrol.
The Commissioner is of the opinion that this petition should be
granted.
Section 25 of the Rent Stabilization Code provides in pertinent
part that a FMRA may be filed by the tenant of :
1) a dwelling unit which was subject to the Rent Stabilization Law
prior to July 1, 1971 and was vacated between January 1, 1974 and
June 30, 1974, both dates inclusive
2) a dwelling unit which was subject to the City Rent Law prior to
July 1, 1971, and was vacated between January 1, 1974 and June 30,
1974, both dates inclusive; or
3) a dwelling unit which was subject to the City Rent Law on June
30, 1974 and was vacated thereafter.
In the instant case, the evidence of record discloses that the
subject apartment was subject to the City Rent Law prior to July 1,
1971, but was vacated in July 1971 and then occupied by Jacob L.
Baker from July 23, 1971 to at least February 1, 1976. Accordingly,
the tenant herein does not fit any of the three categories wherein
a FMRA may be filed pursuant to Section 25 as denoted above and the
Rent Administrator should have dismissed the tenant's FMRA.
Therefore, the Rent Administrator's order is being revoked herein.
If the owner has already complied with the Rent Administrator's
order and there are arrears due to the owner as a result of the
instant determination, the tenant shall be permitted to pay off the
arrears in twelve equal monthly installments. Should the tenant
vacate after the issuance of this order or have already vacated,
said arrears shall be payable immediately.
DH610204RO
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, granted, and, that the order of the Rent
Administrator be, and the same hereby is, revoked.
ISSUED
JOSEPH A. D'AGOSTA
Deputy Commissioner
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