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.:EC410448RO
New York University
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On March 14, 1990, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
February 9, 1990 by the Rent Administrator, concerning the housing
accommodation known as 25 Union Square West, New York, NY Apt. 11D,
wherein the Administrator reduced the tenant's rent upon a finding
that there is no superintendent on the subject premises.
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 on April 17, 1989 by the filing of a
complaint alleging a decrease in services. Upon subsequent
inspection by an employee of the Division, it was determined that
although the public areas were clean, the identification of the
superintendent was not made known, nor was there evidence that he
lives within legal distance of the subject building.
In its PAR, the owner alleges, among other things, that the
building is not subject to the provision of the Rent Stabilization
Law in that the building was completed and a certificate of
occupancy was issued in 1988, and further that the owner does not
receive a Section 421-a real estate tax exemption.
The Commissioner is of the opinion that this petition should be
granted and the Rent Administrator's order revoked.
Docket No. EC410448RO
It appears from the Divisions records that the subject building is
exempt from the Rent Stabilization Law, having been neither
constructed after February 1, 1947 and prior to March 10, 1969, nor
made subject to regulation solely as a condition of receiving tax
benefits pursuant to Section 421-a of the Real Property Tax Law.
Accordingly, the Commissioner finds that the Division lacks
jurisdiction over the subject building and, consequently, the
Administrator erred in determining the allegations of the tenant's
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted and
that the Administrator's order be, and the same hereby is, revoked
and that the subject rent be and the same hereby is restored to its
level as of February 9, 1990, the day it was reduced, plus any
lawful increases to which the owner may be entitled.
JOSEPH A. D'AGOSTA