ADM. REVIEW DOCKET NO.: BG - 110200 - 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 APPEAL
APPEAL OF DOCKET NO.:
BG - 110200 - RO
:
ADMINISTRATOR'S DOCKET
NO.: 041265
MOHAMMAD A. MALIK
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 10, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on June 16, 1987, by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 134-37 Maple Avenue,
Flushing, N. Y., Apartment 1-B.
The issue herein is whether the Rent Administrator properly
determined the services the owner is obligated to and does provide
to the tenant in the subject building and whether the registration
statement was properly amended to reflect those services.
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.
On December 28, 1984, the tenant commenced the original
proceeding by filing with the Division a tenant's objection form to
the services registration statement filed by the owner. The tenant
alleged that the owner did not include therein a number of
apartment and building services such as the repair of and
replacement of stove, refrigerator, heating radiators, plumbing and
electrical installations. In addition, the tenant alleged that she
never received a copy of the building services registration and
that the building services were not posted.
ADM. APPEAL DOCKET NO.: BG - 110200 - RO
The Rent Administrator's order, appealed herein, determined
that the owner, in not filing an answer to the tenant's objection,
had defaulted and that as a result thereof the factual allegations
of the tenant's objection were deemed admitted.
On appeal, the petitioner-owner asserted that he submitted an
answer to the tenant's objection, on April 10, 1987, which was
mailed to the DHCR offices, but which was never considered by the
District Rent Administrator. The owner attached a copy of his
answer to his petition for administrative review. Additionally,
the owner stated that all repairs have been effected throughout the
apartment.
After a careful consideration of the entire evidence of
record, the Commissioner is of the opinion that the administrative
appeal should be granted.
The record demonstrates that a copy of the tenant's objection
to the services registration was sent to the owner on March 31,
1987, and that the owner filed an answer thereto, on April 10,
1987.
Additionally, the record reveals that the tenant did not raise
any valid objections to the registration statement. Rather, what
is shown is an objection stating that the owner failed to register
the repair and replacement of various items.
The Commissioner finds that the repair and replacement
obligation is required by Section 2520.6(r) of the Code and,
therefore, need not be registered.
With regard to the tenant's contentions about the posting of
the building services registration, the Commissioner notes that
this is also not a service that would be included in the
registration and is, therefore, not an appropriate matter for
adjudication in an objection to registration proceeding. The
owner, however, is reminded that Section 2528.2 of the Code
requires such posting, and the owner is cautioned to comply with
this requirement, or risk possible penalties.
Accordingly, the Commissioner further finds that the Rent
Administrator erred by determining that the factual allegations of
the tenant's objection were to be deemed admitted and that the
registration was to be amended.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
granted and that the Rent Administrator's order be, and the same
ADM. APPEAL DOCKET NO.: BG - 110200 - RO
hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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