STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.:
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On June 12, 1992 and June 19, 1992, the above-named petitioner-
owner filed petitions for administrative review (PAR) of orders
issued on May 18, 1992 and May 20, 1992, by the Rent Administrator,
concerning the housing accommodations known as 200 East 7th Street,
New York, N.Y., Apt. #5 and Apt.#8, wherein the Administrator
established the rent for the subject apartments at $1.00 per month
as of January 16, 1992, the date a fire caused the tenants to
The Commissioner has consolidated these two petitions as they
involve common questions of law and fact.
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 appeals.
The issue herein is whether the Rent Administrator properly
determined that the rent for the subject apartments should be
established at $1.00 per month pursuant to Section 2522.6 of the
Rent Stabilization Code.
These proceedings were commenced on February 14, 1992 and March 1,
1992, when the tenants filed complaints in which they stated that
a fire on January 16, 1992 damaged their apartments so seriously
that they are unable to live in them.
The owner filed an answer to the complaints alleging, in pertinent
part, that she does not have enough money to make all major repairs
or to engage in major construction.
A DHCR inspection conducted on April 20, 1992, revealed that there
was no access to the building due to major fire damage; that the
roof collapsed; that the building was barricaded by the police
department and that the building appeared to be empty.
On appeal, the petitioner-owner asserted, in pertinent part, that
the Rent Administrator issued the appealed orders in error; that
the tenants cannot be located because they failed to provide their
current addresses; that the tenants should not be restored to
occupancy and that their leases should be cancelled.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeals
should be denied.
The rent was established at $1.00 in order to maintain the
landlord/tenant relationship between the parties while the
apartments were uninhabitable and the tenants were obliged to live
elsewhere. In the event the apartments are restored to a habitable
condition, the tenants retain the right to possession unless the
landlord/tenant relationship has been terminated voluntarily or by
a court of competent jurisdiction. The Division does not have the
authority to cancel leases in such situations.
The Commissioner also finds that based on the results of an
impartial inspection, which showed that the subject building had
suffered major fire damage and was completely uninhabitable, as of
April 20, 1992, and the owner's admission that this occurred, the
Rent Administrator properly established the rent at $1.00 per
The owner is advised to file a restoration application wherein the
rent will be restored to the pre-fire amount in the event the
apartments are restored to their pre-fire condition and the tenants
are restored to possession if they so desire. As to apartment #8,
the Commissioner notes that the owner obtained a final Civil Court
order to recover the premises from the tenant, under Index No.
104190/91, due to non-payment of rent.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that these petitions be, and the same hereby are, denied,
and the Administrator's orders be, and the same hereby are,
JOSEPH A. D'AGOSTA