DOCKET NO.: BD 110086 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.: BD 110086 RO
Park Plaza Associates, D.R.O. DOCKET NO.:
032575
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 30, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order issued on
March 5, 1987, by the District Rent Administrator, 10 Columbus
Circle, New York, New York, concerning housing accommodations
known as Apartment 2G 61-15 97th Street, Rego Park.
The issue in this appeal is whether the District Rent
Administrator's order was warranted.
The applicable section of the law is Section 2528 of the
Rent Stabilization Code.
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 by the administrative appeal.
This proceeding was commenced on August 30, 1984 by the
tenant's timely filing of an objection to the rent/services
registration wherein the tenant contended that she was being
overcharged, that the building registration had not been posted,
and that she had a garage space and paid a monthly rent of
$90.00.
In its answer to the tenant's objection, the owner submitted
a complete rental history for the subject apartment along with a
copy of District Rent Administrator's Order Number CDR 17, 695
(Docket No. Q-3120365-R) issued June 6, 1986 which determined
that the tenant had been overcharged a total of $3,016.85 from
June 1, 1977 through May 31, 1986.
DOCKET NO.: BD 110086 RO
In Docket Number 032575 issued March 5, 1987, the District
Rent Administrator determined that the overcharge issue had
already been adjudicated under Docket Number Q-3120365-R, and
therefore dismissed the tenant's overcharge complaint. The
Administrator further determined that the tenant paid a monthly
garage rent of $90.00 based on the owner's failures to refute the
tenant's claim.
In this petition, the owner contends in substance that the
District Rent Administrator's order is incorrect and should be
reversed because the tenant does not and never had a garage space
since her occupancy date.
The tenant did not submit a response to the owner's
petition.
The Commissioner is of the opinion that this petition should
be denied.
A review of the record in the instant case indicates that
the owner has not submitted any evidence to support its bare
allegation that the tenant has never had or paid garage parking
at the subject premises. The record also shows that the owner
completely ignored the tenant's claim in the proceeding before
the Administrator. Accordingly, the Commissioner finds that the
Administrator properly determined that the tenant paid a monthly
rent of $90.00 for garage parking.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the District Rent Administrator's order be, and
the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
DOCKET NO.: BD 110086 RO
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