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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ART 10062-Q
:
DRO DOCKET NO.:QS 003489-S
BARBARA STEINBERG PETITIONER :
------------------------------------X
ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On May 9, 1986 the abovenamed petitioner tenant filed a Petition for
Administrative Review against an order issued on April 11, 1986 by the
Rent Administrator concerning the housing accommodations known as 46-16
215th Place, Apartment 2A, Bayside, Queens.
The herein appealed order of the Rent Administrator dismissed the
tenant's complaint of various decreases in services based on her apparent
failure to respond to a notice of March 3, 1986.
In her petition the tenant alleges in substance that she did in fact
timely respond to the Administrator's notice.
The Commissioner is of the opinion that the proceeding should be remanded
for further processing.
The record contains what would have been timely responses to the
Administrator's notice but which had been misdelivered and did not timely
reach the record. At about that time the locations of various units of
this agency were being changed.
The tenant's complaints should, therefore, be reprocessed, on notice to
all parties, by whatever means are found appropriate.
The Commissioner notes that the owner, in response to the petition,
alleged the restoration of various services shortly after the date of the
instant order of the Administrator. Inquiries should be made and the
matter determined accordingly.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted to the
extent of remanding this proceeding to the Rent Administrator for further
processing in accord herewith. The order of the Rent Administrator is
hereby revoked.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
