DOCKET NO.:  FL410326RO
                              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   :  
     APPEAL OF                                 ADMINISTRATIVE REVIEW
                                           :   DOCKET NO. FL410326RO
               PETER HARING,                   DISTRICT RENT ADMINISTRATOR'S
                                           :   DOCKET NO. EL410004LS
                            PETITIONER         
     --------------------------------------X            


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


     On December 3, 1991, the above-named owner timely filed a petition for 
     administrative review of an order issued on September 18, 1991 by a Rent 
     Administrator concerning the housing accommodation known as Apartment 8D, 
     130 East 75th Street, New York, New York.

     The Commissioner has reviewed all of the evidence in the record and has 
     carefully considered that portion of the record relevant to the issues 
     raised by the petition for review.

     This proceeding was commenced on December 10, 1990 by the subject owner 
     filing an application to determine whether the owner is excused from having 
     to pay the 1987/1988 administrative fee for the subject apartment, pursuant 
     to Section 26-517.1 of the Rent Stabilization Law (RSL), and Section 8 of 
     the Emergency Tenant Protection Act (ETPA).

     The owner's application alleged that he did not own the subject apartment 
     until September 14, 1988; that the prior owner of the subject building 
     should pay the administrative fee, and that as of September 14, 1988 the 
     subject apartment became exempt from rent regulations because on the 
     aforementioned date the subject tenant purchased the subject apartment from 
     the sponsor of the subject building's cooperative plan, and that 
     subsequently the subject tenant sold her ownership in the subject apartment 
     to the subject landlord.

     In the order under review herein, the Administrator determined that as the 
     subject owner owns one apartment in the subject building the subject owner 
     owes $10.00 for apartment fees for the years 1987/1988.  


     The subject landlord's petition asserts, among other things, that he did not 
     own the subject apartment until September 14, 1988; that the administrative 
     fee for 1987/1988 should be paid by the subject building's prior owner, and 
     that the subject apartment is exempt from rent regulations as it has been a 
     co-op since September 14, 1988.
     After careful consideration, the Commissioner is of the opinion that the 
     owner's petition should be denied.






          DOCKET NO.:  FL410326RO


     The commissioner notes that it is a long established policy followed by the 
     rent agency and the predecessor agency of the Division of Housing and 
     Community Renewal in administrating the various statutes providing for the 
     regulation of housing, that a new owner of a housing accommodation steps 
     into the shoes of the former owner and assumes the former owner's 
     obligations as to the aforementioned housing accommodation.

     Accordingly, the Commissioner finds that the subject owner assumes the prior 
     owner's obligation to pay the 1987/1988 administrative fee for the subject 
     apartment in the amount of $10.00.

     The Commissioner notes that pursuant to Section 26-517.1 of the RSL the 
     Department of Finance of the City of New York is authorized to collect the 
     aforementioned $10.00 fee, and that the Commissioner further notes that a 
     copy of this order and opinion is being mailed to the City Department of 
     Finance.

     The rent agency's record reflects that the Administrator issued a subsequent 
     order on April 1, 1993, under Docket No. FI430004UC, which stated that:


               [P]ursuant to Section 2520.11(L) of the Code, the 
               subject apartment is no longer subject to the 
               jurisdiction of this Agency, as of its purchase on 
               September 14, 1988, by tenant, pursuant to a co-op 
               conversion plan.


     The Commissioner finds that the above-mentioned Administrator's order does 
     not relieve the subject owner of his obligation of having to pay the 
     1987/1988 administrative fee, as the subject apartment was subject to rent 
     regulations prior to September 14, 1988.

     The Commissioner notes that this order and opinion is issued without 
     prejudice to any petition for administrative review which may have been 
     filed by the subject tenant pertaining to the rental status of the subject 
     apartment.

     The Commissioner further finds that this order and opinion is issued without 
     prejudice to the subject owner's right to attempt to collect any 
     administrative fees he may have paid as a result of this order and opinion 
     from any responsible party in a court of competent jurisdiction.

     THEREFORE, in accordance with the Rent Stabilization Law and Code, it is 

     ORDERED, that the owner's petition be, and the same hereby is, denied, and 
     that the Administrator's order (under Docket No. EL410004LS) be, and the 
     same hereby is, affirmed. 

     ISSUED:
                                                                               
                                                      JOSEPH D'AGOSTA
                                                    Deputy Commissioner 
    

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