BA 410334 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.: BA 410334 RO
ANSONIA ASSOCIATES-OWNER,
DRO DOCKET NO.: 37512,
EXAMINING UNIT
PETITIONER TENANT: MICHAEL PRESS
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 20, 1987, the preceeding day having been a holiday,
the above-named petitioner timely filed a Petition for
Administrative Review against an order issued on December 15,
1986 by the Rent Administrator, 10 Columbus Circle, New York, New
York concerning the housing accommodation known as 2109 Broadway,
New York, New York, Apartment 10-06 wherein the Administrator
amended the apartment 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 in the administrative appeal.
The tenant initiated this proceeding by filing an objection to
the 1984 apartment registration, alleging that the owner provided
cooking fuel, electricity and telephone service but had failed to
include these services in the registration.
A copy of the tenant's objection was sent to the owner on October
29, 1986. The owner failed to timely respond.
On December 15, 1986, deeming the factual allegations of the
objection admitted, the Administrator issued the order here
under review which amended the registration to reflect that the
owner provides cooking fuel, electricity and telephone service.
In the appeal, the owner contends that the Administrator ignored
its request for an extension of time in which to respond and that
by this denial of the opportunity to respond, it was deprived of
its due process rights. However, the owner states that it
provides cooking fuel, electricity and telephone service.
The Commissioner is of the opinion that this petition should be
denied.
Since the owner admits that it provides the services contained in
the amended registration, the Administrator's order was correct.
THEREFORE, in accordance with the Rent Stabilization Law and
BA 410334 RO
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:
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ELLIOT SANDER
Deputy Commissioner
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