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.: FJ220409RT
Josephine Taranto, DRO DOCKET NO.: ZDI220459R
OWNER: Joseph O. Taranto
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 28, 1991, the above-named petitioner-tenant timely refiled a
Petition for Administrative Review against an order issued on September
17, 1991, by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 35 Second
Place, Brooklyn, New York, Apartment No. 4th Floor, wherein the Rent
Administrator determined that the subject premises was not subject to
the Rent Stabilization Law and Code.
The issue herein is whether the Rent Administrator's order was
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 by the filing of a rent
overcharge complaint by the tenant - a former owner of the subject
premises who sold her interest in the building in 1984.
In answer to the cOmplaint, the owner stated that the subject building
is not subject to rent stabilization becuae it is a four family house.
In support of this contention the owner submitted a cOpy of the deed and
contract of sale of the subject premises in which the subject premises
was stated to be a four family dwelling.
In Order Number ZDI220459R, the Rent Administrator determined that the
subject building contains fewer than six units and is therefore not
subject to Rent Stabilization. Based thereon, the tenant's overcharge
complaint was dismissed.
In this petition, the tenant states in substance that the owner is
charging her a higher rent than allowed under her lease.
The Commissioner is of the opinion that this petition should be denied.
Section 2520.11(d) of the Rent Stabilization Code provides in pertinent
part that buildings containing fewer than six housing accommodations on
the applicable base date or thereafter are not subject to the Rent
In the instant case the evidence of record discloses that the subject
premises herein has always been a four family home. Accordingly, the
subject apartment was correctly held to be not subject to Rent
Stabiization. Therefore the DCHR has no jurisdiction to determine the
tenant's overcharge complaint and this matter should be determined by a
court of competent jurisdiction.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be and the same hereby is, denied and the
Rent Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA