Adm. Rev. Docket NO.: AK 410406-RO
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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: AK 410406-RO
:
ABINGTON HOLDING/ABI KALIMIAN, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: ZL 001785-RV
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
UPON REOPENING AND RECONSIDERATION
This Order and Opinion arises from the Commissioner's order issued
on April 8, 1991, granting the owner's request for reconsideration
and reopening of the Administrative Revi w Order and Opinion AK-
410406-RO issued by the Commissioner on February 21, 1991.
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 appeal.
On November 5, 1986, the above-named owner filed a Petition for
Administrative Review against an order issued on October 23, 1986 by
the Rent Administrator, Gertz Plaza, 92-31 Union Hall Street,
Jamaica, New York, concerning Apartment No. 2-S at 295 Park Avenue
South, Manhattan, New York, wherein the Administrator directed the
owner to offer the tenant a renewal lease.
The original proceeding was commenced on October 15, 1984, by the
filing of a complaint of the owner's failure to renew a lease, by
the tenant who alleged its lease expired on September 30, 1984 and
that the owner failed to offer a renewal lease within the time-
period prescribed by the Rent Stabilization Law.
A copy of the tenant's complaint and DHCR answer forms were mailed
twice to the petitioner-owner at its correct address as stated in
the record. On May 13, 1985, the owner was mailed a copy of the
tenant's complaint, with a notification that "failure to file an
answer within twenty (20) days from the date appearing on this
letter shall be considered a default and shall result in
determination based on record." Thereafter, a second mailing of a
copy of the tenant's complaint was made, with a warning to the
owner that this notice is final. The petitioner-owner failed to
respond to the above notices.
The Administrator's order determined that the tenant is eligible to
a renewal lease and that the owner is directed to offer to the
tenant a renewal lease in the manner prescribed by law.
The owner petitioned a review of this order, claiming in substance
that the tenant has not resided in the apartment for over 6 years;
that the tenant failed to execute a renewal lease; and that two
other prime tenants lived in this apartment.
Adm. Rev. Docket NO.: AK 410406-RO
In this Administrative Review Order and Opinion under Docket No. AK
410406-RO issued on February 21, 1991, the Commissioner originally
denied the owner's petition and found that the Administrator
properly determined that the tenant is entitled to a renewal lease.
Said order stated that although duly notified to do so, the
petitioner-owner did not respond to two DHCR notices below; that a
copy of the tenant's complaint and DHCR answer forms were mailed
twice to the petitioner-owner in its correct address as stated in
the record; that on May 13, 1985, the owner was mailed a copy of the
tenant's complaint, with a notification that "Failure to file an
answer within twenty (20) days from the date appearing on this
letter shall be considered a default and shall result in
determination based on record;" and that thereafter, a second
mailing of a copy of the tenant's complaint was made, with a
warning to the owner that this notice is final.
The above-named owner by letter, dated March 21, 1991, requested
reopening of the above-referenced Administrative Review proceeding
and reconsideration of the Order and Opinion issued by the
Commissioner on February 21, 1991, because the premises are exempt
from Rent Stabilization Law. The owner's request was granted by the
Commissioner in an order issued on April 8, 1991.
The parties concerned were afforded twenty (20) days from the date
of this order reopening the Administrative Review proceeding to
respond in writing to the issues raised by the Request for
Reconsideration.
Upon reviewing the record, and after careful consideration of all
evidence submitted, the Commissioner finds that the owner's petition
for administrative review under Docket No. AK-410406-RO should be
granted.
As submitted by the owner in its request for reopening and
reconsideration, it appears from DHCR's records that in an entirely
different proceeding under Docket No. ZBE-410003-RP, the Rent
Administrator determined, by order issued on June 14, 1988, that the
subject premises were not subject to Rent Stabilization pursuant to
Section 2520-11(e) of the Rent Stabilization Code (Substantial
Rehabilitation). The latter order is a final and binding
determination. As the premises are exempt from the Rent
Stabilization Law, the owner is not obligated to offer the tenant a
renewal lease.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
Adm. Rev. Docket NO.: AK 410406-RO
ORDERED, that this petition be, and the same hereby is, granted and
that the District Rent Administrator's order, and the same hereby
is, revoked.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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