Docket Number: ARL-10835-U
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.: ARL 10835-U
:
TITAN WEST ASSOCIATES, DRO DOCKET NO.: U-3124435-T
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING TO ADMINISTRATOR
On June 4, 1986, the above-referenced owner filed a Petition for
Administrative Review of an order issued on May 1, 1986 by the Rent
Administrator, 10 Columbus Circle, New York, New York, pertaining to the
housing accommodations known as Apartment 5-C at 500 West 111th Street,
New York, New York, in which the Administrator had granted the tenant's
Fair Market Rent Adjustment Application.
This proceeding was commenced when the tenant filed the latter
application, on March 31, 1984, listing "111 St. Associates," of Amsterdam
Avenue in New York, as the owner. In adjusting the initial rental the
aforementioned order stated that a copy of the tenant's application had
been served on the owner along with forms for providing free-market rents
or rental-history data, but that the owner had not provided same. The
instant petition has been filed by a new owner.
The petitioner provides rent-comparability data, stating inter alia that
it purchased the building on or about April 1, 1985, was not given an
earlier opportunity to provide such data, and was unaware that the former
managing agent had never filed an answer to the tenant's application.
Having carefully considered the pertinent evidence herein, the
Commissioner is of the opinion that this proceeding should be remanded to
the Administrator.
Records of the above-referenced Division reveal that the petitioner
registered therewith as owner of the subject premises, on April 1, 1985.
The file herein, however, indicates that the tenant's application in
August of that year, and a Summary Notice in March of the next year, were
sent to the previous owner only. In sum, the current owner was not given
an opportunity to participate in the proceeding before the Administrator,
despite having registered as owner of the premises before processing,
involving notice to the parties, was completed and the Administrator
issued the order in question. Due process of law accordingly requires
that this matter be remanded to the Administrator, so that a copy of the
tenant's application may be served upon the petitioner, and the latter
afforded an opportunity to submit the desired data. On remand the
Administrator will also be able to allocate, between the current and
previous owners, any excess rent collected during the complainant's
tenancy.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
Docket Number: ARL-10835-U
ORDERED, that this petition be, and the same hereby is, granted to the
extent of remanding this proceeding to the Administrator for treatment
consistent with the foregoing. The previously issued stay of so much of
the Administrator's order as directed a refund is hereby continued until a
new order is issued upon remand. The order and determination of the
Administrator remains in full force and effect in all other respects until
a new order is issued on remand.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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