ADM. REVIEW DOCKET NO. BB 410492 RT
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. BB 410492 RT
D.R.O. DOCKET NO.
: TC 39268
KOPPEL MANAGEMENT CO. -
OWNER
ALEXANDER PIPER III - TENANT
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE APPEAL
On February 13, 1987, the above-named petitioner filed a
Petition for Administrative Review against an order issued on
January 22, 1987 by the Rent Administrator, 10 Columbus Circle,
New York, New York concerning the housing accommodation known as
65 East 96th Street, Apartment No. 8C, New York, New York wherein
the Administrator terminated the proceeding.
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 commenced this proceeding on November 7, 1984 by
filing a complaint stating that he had not received a copy of the
1984 RR-1 (Apartment Services Registration).
On December 31, 1986, a copy of the complaint was sent to the
owner and a notice asking whether the registration had been
furnished was sent to the tenant. The tenant was informed that
his failure to respond to the notice within 20 days would be
interpreted to mean that the owner had delivered the registration
and would result in the termination of the proceeding.
On January 20, 1987, the owner responded that the tenant's
complaint should be dismissed for untimeliness and because the
allegations of the complaint were untrue.
No response was received from the tenant.
In the order here under review, the Administrator terminated
the proceeding on the basis that the tenant had not replied to
ADM. REVIEW DOCKET NO. BB 410492 RT
the notice and it was assumed that the owner had furnished the
registration.
In the appeal, the tenant contends that he received the
notice and the determination at issue on the same day and thus had
no opportunity to reply to the notice. The tenant contends
further that the owner has never furnished a copy of the
registration.
The owner replied in substance that the Administrator had
properly terminated the tenant's complaint.
The Commissioner is of the opinion that this petition should
be denied.
A review of the record reveals that the notice was sent to
the tenant twenty-two (22) days before the order was issued.
Consequently, based on the record, the Administrator correctly
terminated the proceeding.
More importantly, the records reveal that the petitioner has
vacated the subject premises.
Given that the complainant has moved, the Commissioner finds
that whether he received the registration is moot.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied and the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. REVIEW DOCKET NO. BB 410492 RT
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