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. AJ 110173-RO
:
DISTRICT RENT ADMINISTRATOR'S
THE GARDENS AT DOCKET NO. 85QS 0 00337-HH
FOREST HILLS PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 14, 1986, the above-named owner filed a petition for
administrative review of an order issued on September 10, 1986 by a
District Rent Administrator concerning various housing accommodation in
the premises known as 111-15 66th Avenue, Forest Hills, New York.
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 for review.
The order of the District Rent Administrator, under review herein, reduced
the regulated rents based upon a finding that the owner had failed to
maintain proper heat and/or hot water service.
In its petition for administrative review, the owner asserts, in
substance, that during the pendency of the proceeding before the District
Rent Administrator the premises were sold to the petitioner, which put
the State of New York (not the rent agency in particular) on notice of the
transfer because the deed and other papers related to the transaction were
filed and appropriate taxes and fees were paid. The petitioner maintains
that the rent agency was required to put the new owner (the petitioner) on
notice of the proceeding. The petitioner further asserts that the failure
to maintain adequate heat and/or hot water existed under the prior owner
and not under the petitioner's ownership and that the petitioner is taking
steps to improve the provision of heat and hot water.
After careful consideration, the Commissioner is of the opinion that the
petition for review should be denied.
Putting the "State of New York" in notice of a transfer of title through
the filing of deeds and the payment of transfer taxes is not sufficient to
put the rent agency on notice of a change of ownership for the purpose of
proceedings pending before the agency. In the instant matter, the
petitioner does not assert when, if ever, if put the rent agency on notice
of its assuming ownership, either by letter to the District Rent
Administrator or by filing a new registration statement. Accordingly, no
violation of due process was occasioned by any failure to put the
DOCKET NUMBER: AJ 110173-RO
petitioner on notice of the proceeding. The Commissioner further notes
the petitioner's admission that heat and/or hot water service was
inadequate under its predecessor in interest, as well as its assertion
that it is taking steps to improve the service. The Commissioner is
accordingly of the opinion that the order of the District Rent
Administrator should be affirmed without prejudice to any application for
restoration of rents as may have been filed based upon a restoration of
heat and hot water service.
THEREFORE, in accordance with the Rent Stabilization Law and Code and the
Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and that
the District Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
