ADM. REVIEW DOCKET NO.: AK 410571 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 410571 RO
:
DRO ORDER NO.:
32965 Examining Unit
59 79TH STREET REALTY CORP -
OWNER
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 26, 1986, the above-named petitioner filed a
Petition for Administrative Review against an order issued on
October 23, 1986 by the Rent Administrator, 10 Columbus Circle,
New York, New York concerning the housing accommodation known as
59 East 79th Street, Apartment No. 3B, New York, New York wherein
the Administrator amended the registration.
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.
The tenant commenced this proceeding on August 29, 1984 by
filing a timely objection to the 1984 registration, stating that
a number of owner provided services had been omitted from the
registration.
On September 8, 1986, a copy of the objection was sent to
the owner (Solil Management Corp, Windsor Place Corp.). The
owner failed to respond.
On October 23, 1986 based on the owner's failure to respond,
the Administrator issued the order here under review, amending
the registration to include the services which had been cited by
the tenant.
In the appeal, the owner contends that the Administrator's
order should be reversed because 1) the registration is true and
accurate; 2) it is not required that all the services set forth
in the order be registered; 3) the owner is not required to
provide all the services set forth in the order; and 4) the prior
owner did not receive a copy of the objection.
In reply to the petition, the tenant asserts that the
ADM. REVIEW DOCKET NO.: AK 410571 RO
registration as amended by the Administrator accurately reflects
the services that are provided by the owner. The tenant
believes, based on another tenant's experience, that the prior
owner did receive the objection.
After careful consideration, the Commissioner is of the
opinion that this petition should be denied.
Review of the record discloses that a copy of the objection
was mailed to the prior owner at 640 Fifth Avenue, New York, New
York. It was not returned to the Division by the United States
postal service as undeliverable. An examination of the
Division's records reveals that in May 1986 an objection made by
another tenant in the same building was mailed to the owner at
the same address. See District Rent Office Docket No. 26,340,
Examining Unit. The Division's records further reveal that the
following prior owners, Solil Management Corp., Windsor Place
Corp. and G & s Enterprises, Inc. each have been located at the
same address, 640 Fifth Avenue. Accordingly, the Commissioner
rejects the petitioner's excuse for its default in responding.
With respect to the petitioner's remaining contentions, the
Commissioner notes that scope of review of a PAR is limited to
facts and evidence which had been presented for consideration to
the Administrator. Accordingly, it would be inappropriate to
consider them for the first time in this appeal.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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