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.: BC 510026-RT
:
DRO DOCKET NO.: ZU 002829-R
PANCHO PACHECO,
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE
REVIEW AND REMANDING PROCEEDINGS FOR FURTHER CONSIDERATION
On March 5, 1987, the above named petitioner-tenant filed a Petition for
Administrative Review against an order issued on February 6, 1987, by the
District Rent Administrator at 10 Columbus Circle, New York City,
concerning the housing accommodation known as 525 West 146th Street,
Apartment 32, New York, New York wherein the Administrator denied the
tenant's objection to the registered rent because the tenant had not filed
its objection in a timely manner.
The applicable law is Section 2523.1 of the Rent Stabilization Code.
The issue on appeal is whether the Administrator's order determining the
tenant's objection was correct.
The above tenant commenced these proceedings by filing a rent overcharge
complaint on July 23, 1985. The tenant stated therein that he had taken
occupancy of the premises on February 1, 1984 pursuant to a one-year lease
at a monthly rental of $325.00 per month. The tenant further alleged that
the collected rent on the premises on March 31, 1980 was $175.00 per
month. Finally, the tenant contended that the owner had not provided him
with a copy of the Apartment Registration form (RR-1) for the premises.
On October 31, 1985 the former 7A Administrator answered the complaint,
stating therein that she had served in that capacity from July, 1983
through March, 1985, and that the entire matter should be transferred to
current 7A Administrator.
The successor Administrator was then served with the complaint. In
response the Administrator submitted owner's copies of the Apartment
Registration for 1984, as prepared by the former 7A Administrator, and the
Registration for 1986, prepared by the 7A Administrator. No proof of
service of these documents was ever submitted.
On February 6, 1987 the District Rent Administrator to dismissed the
tenant's complaint based on the tenant's failure to file a timely
Tenant's Objection to the 1984 registration statement.
DOCKET NUMBER: BC 510026-RT
In its petition, dated March 5, 1987 the tenant contends that the
dismissal was improper because he had never received a copy of the Rent
Registration form and there were no documents in the record claiming that
he had received it.
The Commissioner is of the opinion that the tenants petition should be
granted and that the proceeding should be remanded to the Administrator
for further consideration.
Although the current Administrator submitted a copy of the registration
statements for 1984 and 1986, the record contains no statement signed by
the tenant affirming the tenant's receipt of the registration, nor is
there a certificate of mailing evidencing delivery by mail. The only
acknowledgement in the record is the former Administrator's answer dated
October 1, 1985, wherein she stated that she registered the apartment "...
to the best of my knowledge..." This response, as the tenant correctly
points out, is insufficient. The Commissioner finds, therefore, that the
apartment registration was not properly served on the tenant, in
accordance with Section 2523.1 of the Rent Stabilization Code.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that the tenant's petition be, and the same hereby is granted to
the extent of remanding this proceeding to the District Rent Administrator
for further processing in accordance with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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