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
APPEAL OF DOCKET NO.: HC220238RO
DOCKET NO.: GI220041S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
REVOKING ADMINISTRATOR'S ORDER AND REMANDING TO
ADMINISTRATOR FOR RE-DETERMINATION
On March 30, 1993, the above-named petitioner-owner filed a
petition for administrative review of an order issued on February
24, 1993 by the Rent Administrator, concerning the housing
accommodation known as 409 Brighton Beach Avenue, Apt. 2nd floor
front, Brooklyn, New York, wherein the Administrator determined
that the owner had failed to maintain certain services, and reduced
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 appeal.
This proceeding was commenced by the filing by the tenant of a
complaint of decrease in services dated September 10, 1992.
An inspection conducted by a DHCR staff inspector on February 8,
1993 confirmed several of the complained of conditions resulting in
the order herein appealed.
In the PAR, the owner contends that premises are not subject to
either the City Rent Law or the Rent Stabilization Law for the
following reasons: the premises, prior to 1955, consisted of a
store with one apartment above which was occupied by the owner;
that prior to 1955 the apartment was converted into two apartments;
that the complaining tenant occupied the rear apartment from 1955
to 1975 when, at his request, he moved to the apartment in front.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted to the extent of remanding the
proceeding to the Administrator for the purpose of determining
whether the premises is subject to rent regulation, to allow the
parties to submit evidence, as necessary, and to give the tenant an
opportunity for full response.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
the City Rent Law, the Rent and Eviction Regulations, and the
Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, granted and
that the Rent Administrator's order be, and the same hereby is,
revoked, and the proceeding remanded to the Rent Administrator in
accordance with this order and opinion.
JOSEPH A. D'AGOSTA