ADM. REVIEW DOCKET NO. FK930167RO
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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. FK930167RO
DISTRICT RENT
ANGELA CIOTTI, ADMINISTRATOR'S DOCKET
POWER OF ATTORNEY NO. FG910006UC
FOR LENA DEPASO,
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 1, 1991, the subject owner timely filed a petition
for administrative review of an order issued on August 13, 1991 by
the Rent Administrator concerning various housing accommodations in
the premises known as 193 Brook Street, Scarsdale, 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 administrative
review.
On July 16, 1991, the subject owner filed an application with
the rent agency to determine whether the subject building is exempt
from rent regulations. In her application the subject landlord
alleged that the subject building should be exempt from rent
regulations as it contains less than six apartments.
To her application the subject landlord attached a letter,
dated October 26, 1987, written by the Town Engineer/Building
Inspector of the Town of Eastchester. The letter stated that: "An
inspection was made of the above referenced premises on 23 October
1987, which disclosed that one apartment has been removed from the
first floor and new Certificate of Occupancy #4255 was issued,
reclassifying the occupancy as five (5) apartments and 2 stores."
The subject owner also attached a copy of a Certificate of
Occupancy, dated October 23, 1987, issued by the Department of
Buildings-Town of Eastchester. The Certificate of Occupancy noted
that the subject building contains five apartments and two retail
stores.
ADM. REVIEW DOCKET NO. FK930167RO
In the order under review herein, the Administrator determined
that the subject building contained six apartments on July 1, 1974,
which was the date the Town of Eastchester adopted the Emergency
Tenant Protection Act; and that the Administrator denied the
owner's application to exempt the subject building from rent
regulations.
In her petition the subject landlord alleges, among other
things, that the subject building is exempt from rent regulations
as of October, 1987 as the above-mentioned Certificate of Occupancy
and the Building Inspector's letter establishes that the subject
building contains less than six apartments.
After careful consideration, the Commissioner finds that the
subject owner's petition should be denied.
Based on the record, the Commissioner finds that the subject
building is located in the Town of Eastchester. As noted in the
Administrator's order under review herein, on July 1, 1974
applicable housing accommodations in the Town of Eastchester became
subject to the provisions of the Emergency Tenant Protection Act of
1974 (E.T.P.A.).
The record further reflects that on July 1, 1974, the subject
building contained six housing accommodations. Based upon the
applicable rent regulations and laws, the Commissioner finds that
the subject housing accommodations were subject to E.T.P.A. on the
above-mentioned date.
Based on the evidence in the record, the Commissioner finds
that on October 23, 1987 the subject building was reduced from six
housing accommodations to five.
Based on a long established policy followed by the rent
agency, the Commissioner finds that the mere voluntary reduction of
housing accommodations from six to five units subsequent to the
E.T.P.A. base date does not exempt that building from the
applicable rent regulations and laws.
The Commissioner further finds that the subject owner does not
state any grounds which would warrant a finding that the subject
building should be exempt from E.T.P.A.
Accordingly, the Commissioner finds that the subject owner's
petition should be denied.
THEREFORE, in accordance with the Emergency Tenant Protection
Act of 1974, and the State Tenant Protection Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
ADM. REVIEW DOCKET NO. FK930167RO
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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