BF 410375 RO
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.: BF 410375 RO
DIVERSIFIED PROPERTIES MANAGEMENT RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 7, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued June 4, 1987. The order concerned housing
accommodations known as Apt 4-B located at 237 W. 109th Street, New
York, N.Y. The Administrator determined the tenant's objection to
the 1984 apartment registration.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on September 26, 1984 by
filing an objection to the 1984 apartment registration in which it
was alleged that various services were omitted from the
The owner was served with the objection on April 14, 1987 and
directed to submit an answer within 20 days. No response was
Based on the owner's failure to respond, the tenant's factual
allegations were deemed admitted and the registration was amended
to include the services the tenant claimed had been omitted.
In the petition for administrative review the owner asserts
that it did mail an answer to the objection on June 1, 1987 and
encloses a copy of that answer.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be denied.
By the owner's own admission the answer was not submitted
within the 20 day time limit provided for in the April 14, 1987
BF 410375 RO
transmittal notice. There is also no evidence that the answer was
actually sent to the Administrator. Although the answer bears a
handwritten certified mail receipt, the owner failed to respond to
a February 19, 1992 request for proof of mailing.
In the absence of any evidence that a timely answer was
submitted to the Administrator before the order was issued, the
Commissioner finds that the order was properly based on the record
and must be affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA