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