STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.BL410203RT
: DRO DOCKET NO. ZL004324R
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 23, 1987, the above-named petitioner-subtenant
timely refiled a Petition for Administrative Review against an order
issued on September 22, 1987, by the Rent Administrator, 92-31 Union
Hall Street, Jamaica, New York, concerning the housing
accommodations known as 212 West 22nd Street, New York, New York,
Apartment No. 2H, wherein the Rent Administrator terminated the
proceeding because the prime tenant had vacated the subject
apartment and the subtenant was unable to submit the necessary
information to process the case.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant to
the issue raised by the administrative appeal.
This proceeding was originally commenced in October, 1985, by
the subtenant's filing of a rent overcharge complaint against the
prime tenant Harold Schwartz. In said complaint, the subtenant
stated in substance that she moved to the subject apartment on
January 1, 1985 pursuant to an agreement with the prime tenant and
without the knowledge of the owner; and that Miriam Markowitz sublet
the subject apartment to her on behalf of Harold Schwartz; that her
rent checks are made out to Harold Schwartz but that she delivers
such checks to Miriam Markowitz who deposits the checks for Mr.
Schwartz; that she does not have an address for Mr. Schwartz but
only for Ms. Markowitz; and that her rent is $875.00 per month
although the lawful stabilized rent is only $265.00 per month.
Subsequently the subtenant advised that she vacated the subject
apartment on October 25, 1985. The subtenant also submitted copies
of all her cancelled rent checks for the subject apartment. Such
checks were made out to Harold Schwartz and appear to have been
cashed by him.
In a response to the subtenant's complaint dated May 12, 1986,
the owner advised that the prime tenant had vacated the subject
apartment. In an earlier answer dated November 4, 1985, the owner
advised that he had no knowledge of the subtenant and had never
consented to her occupancy of the subject apartment.
In a response dated August 3, 1987, Miriam Markowitz stated
that Harold Schwartz could not be reached through her office and
that she had not had any contact with him since October, 1985. The
subtenant was directed by the DHCR to submit inter alia the mailing
address of the prime tenant. In a response dated August 10, 1987,
the subtenant stated that she was unable to do this and only had the
address of Ms. Markowitz.
In Order Number ZL004324R, the Rent Administrator terminated
the proceeding on the basis that the subtenant was unable to provide
the necessary information to process the case.
In this petition, the subtenant alleges in substance that she
submitted all necessary information and again listed the prime
tenant c/o Ms. Markowitz. The copy of the subtenant's petition
mailed to the prime tenant c/o Ms. Markowitz came back to DHCR
marked undelivered by the Post Office.
The Commissioner is of the opinion that in view of the
subtenant's inability to provide an address where the prime tenant
can be located and afforded an opportunity to participate in this
proceeding, that the tenant's petition must be denied without
prejudice to the reopening of the proceeding when and if the tenant
is able to provide a current address for the prime tenant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA