ADM. REVIEW DOCKET NO. ARL 12527 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 12527 U
:
DRO ORDER NO.:
USC 001526 - B
168 REALTY, INC.
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On August 12, 1986 the above-named petitioner filed a
Petition for Administrative Review against an order issued on
July 16, 1986 by the Rent Administrator, Services Unit,
concerning the housing accommodations located at 700 West 172nd
Street, New York, N.Y., Various Apartments, wherein the
Administrator reduced the rents for all rent controlled tenants
and all stabilized tenants who joined in the complaint based on a
finding that the owner had failed to mainta n certain building-
wide services.
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.
This proceeding was commenced on September 27, 1985, when
three tenants joined in filing a complaint alleging a decrease in
various building-wide services.
On October 24, 1985, the owner named in the tenants'
complaint responded that he was not the owner of the subject
building.
An inspector visited the premises on May 28, 1986 and found
that various conditions were as alleged by the tenants. The
inspector also identified the name and address of the entity to
whom rents are being paid.
The Administrator issued an order reducing the rent by a
guideline for the two rent stabilized tenants who signed the
complaint and by $28.00 per month for the 16 rent controlled
ADM. REVIEW DOCKET NO. ARL 12527 U
tenants in the building.
In the petition for administrative review, the owner urges
that the orders be revoked because of a lack of due process in
that it was never notified of the complaint. The petitioner
asserts that it promptly registered as the owner after purchase
in February 1986 but received no notification that this
proceeding was pending.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be
granted.
The Administrator was on notice when the answer to the
complaint was received that the actual owner of the building had
not been served with the complaint. There is no indication in
the record that the complaint was reserved on the owner of
record, even after the inspector ascertained the name and address
of the entity receiving rent payments. In the absence of service
of the complaint on the owner, there was no notice of the
existence of the conditions complained of and a rent reduction
based on a finding of the owner's failure to maintain services
cannot be sustained.
The tenants are advised to file a new complaint if the
conditions that were the subject of this proceeding still
exist.
Any arrears the tenants may owe as a result of this order
may be repaid to the owner in six equal monthly installments.
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the Rent and Eviction Regulations for New York City, it
is
ORDERED, that this petition be and the same hereby is
granted and the Administrator's order be and the same hereby is
revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
ADM. REVIEW DOCKET NO. ARL 12527 U
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