ADM. REVIEW DOCKET NO.: GL420035RO
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 ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GL420035RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FA420085BO
SUZANNE LAVANANT (DJ423342BR)
PETITIONER
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 134 East 24th Street, Parlor Floor, New
York, N.Y.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The issue before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, FA420085BO was
issued on November 6, 1992. In that order, the Administrator
affirmed the finding of DJ422342BR, issued December 14, 1990, that
the owner be denied eligibility for a 1990/91 Maximum Base Rent
(MBR) increase, due to the owner's failure to register the subject
premises with the DHCR.
On appeal the owner contends (as she did at Challenge below)
that, inasmuch as there was a substantial rehabilitation of the
subject premises they are no longer subject to the Rent
Stabilization Code, (RSC) and as such are no longer subject to the
registration requirement. The owner also submitted evidence at
Challenge indicating that the subject premises were registered with
the New York City Department of Housing Preservation and
Development (HPD).
ADM. REVIEW DOCKET NO.: GL420035RO
The Commissioner is of the opinion that this petition should
be granted.
An examination of the record discloses that, in addition to
being registered with the HPD, the subject premises were registered
with this Agency. The Commissioner notes that both registrations
are a prerequisite to a grant of eligibility, and inasmuch as the
owner has thus filed both registrations the Commissioner is of the
opinion that the owner should be granted eligibility to raise MBRs
at the subject premises for 1990/91.
The Commissioner is of the opinion that the owner's arguments
both at Challenge and on appeal concerning the registration
requirements vis-a-vis the RSC are irrelevant to the instant
proceeding. The Commissioner notes that the RSC applies to rent-
stabilized tenants, while the MBR procedure applies to rent-
controlled tenants.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, granted, and that the order of the Rent
Administrator be, and the same hereby is, revoked. This order is
issued subject to all the Terms and Conditions listed on the
attached page.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|