Docket Number: AJ 410161-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. AJ 410161-RO
CORPVIEW ASSOCIATES, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. 029315
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 15, 1986, the above-named owner filed a petition for
administrative review of an order issued on August 25, 1986 by a
Rent Administrator concerning the housing accommodations known as
121 East 54th Street, New York, New York, Apartment 4-R.
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 administrative appeals.
This proceeding was commenced by the filing of the tenant's
objection to the 1984 registration alleging that the owner failed
to provide certain services, and that gas and electricity are
included in the rent, but were omitted from the registration.
On June 5, 1986 the Administrator mailed a copy of the tenant's
objection to Allied Bank International, which was listed by the
tenant as the owner of the subject apartment.
There was no answer to the tenant's objection to the 1984
In the order reviewed herein, the Administrator found that in view
of the owner's failure to respond, the factual allegations of the
tenant's objection are deemed admitted. Therefore, the
Administrator determined that the owner provides electricity and
cooking fuel which are to be included in the rent. As to the
diminution of services, the Administrator determined that this
issue must be resolved by a filing of a complaint with the Division
of Housing and Community Renewal (D.H.C.R.).
The owner and its successors assert in the petition for
administrative review and in supplemental submissions that:
1) the petition and supplemental submissions were filed
timely because the petitioner was not aware of this
proceeding, nor given notice of this proceeding prior to
the issuance of the Administrator's order, and was not
given an opportunity to respond to the tenant's objection
to the 1984 apartment registration; and
2) that all of the services which the tenant had stated
Docket Number: AJ 410161-RO
were not being provided were in fact being adequately
provided by the managing agent of the building.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that the petitioner was the registered owner
of the subject premises prior to the issuance of the
Administrator's order, and that the Administrator inadvertently
failed to give notice of this proceeding to the petitioner.
Accordingly, the Commissioner finds that the petition was filed
As the owner is being given an opportunity to respond to the
tenant's allegation, in its petition, the owner is not being denied
due process. Furthermore, D.H.C.R. in a letter dated December 6,
1990, allowed the petitioner additional time to submit evidence and
advance its arguments.
The Commissioner notes that the petitioner's successor in interest,
Ancla Investment, S.A., submitted an affirmation in support of the
petition for administrative review, dated January 23, 1991, which
does not dispute the District Rent Administrator's finding as to
what services are required.
The Commissioner finds that neither the petitioner nor its
successor in interest raises any issues which would warrant
revoking the Administrator's order. The Commissioner notes that
the owners' discussion of the type of services that are being
provided is not relevant to this proceeding. The Administrator did
not decide the issue of diminution of services, and therefore, it
is not an issue to be determined by the Commissioner in this
proceeding. The Commissioner notes that neither the petitioner nor
its successor disputes the Administrator's finding that electricity
and cooking fuel are required services. Accordingly, the
Commissioner is of the opinion that the Administrator's order
should be affirmed.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,