BG 110233 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.: BG 110233 RO
MARINA HIGGINS, DRO DOCKET NO.: 045398
TENANT: OVIDIO RUIZ
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 17, 1987 the above-named petitioner-owner filed a Petition
for Administrative Review against an order issued on July 13, 1987,
by the Rent Administrator, 10 Columbus Circle, New York, New York
concerning the housing accommodations known as 135-34 82nd Drive
(aka 137-25 83rd Avenue) Queens, New York, Apartment No. 1A,
wherein the Rent Administrator determined that based on the owner's
failure to respond the tenant objections to the initial apartment
registration were deemed admitted.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2528.2 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was originally commenced by the filing of a tenants
Objection Form challenging the owner's apartment registration
statement. The tenant alleged in substance that the lease
expiration date of August 31, 1985 shown on the registration form
is incorrect. The tenant contended that the correct lease
expiration date was August 31, 1984 and the rent is now $323.72.
In Order Number 045398, the Rent Administrator determined among
other things that due to the owner's failure to respond that the
tenant's factual allegations were deemed admitted and that the
correct expiration date is August 1, 1984 and the April 1, 1984
rent was $323.72.
In this petition, the owner contends in substance that it did
submit a timely response and re-submitted a copy of that response
date-stamped as received on April 7, 1987 by the Division of
Housing and Community Renewal (DHCR). In that response, the owner
concurred with the tenant that the correct lease expiration date
was August 31, 1984. The owner, however, stated that the rent on
BG 110233 RO
April 1, 1984 was $303.84 and that the rent of $323.72 stated by
the tenant on the tenant objection form filed on September 17, 1984
as "the rent now is $323.72" referred to the tenant's rent
contained in their 2 year renewal lease commencing September 1,
1984 and not the April 1, 1984 rent which the Rent Administrator
stated in the order as $323.72.
In answer to the owner's petition, the tenant stated in substance
that the owner was right.
The Commissioner is of the opinion that this petition should be
An examination of the record in this case discloses that the owner
did submit a timely response to the tenant's objection concurring
with the tenant's contention that the lease expiration was August
31, 1984 but explained that the rent on April 1, 1984 was not
$323.72 and that $323.72 was the renewal lease rent commencing
September 1, 1984. Upon service of the owner's Petition on the
tenant, the tenant concurred with the facts as presented in the
owner's April 7, 1987 submission.
A review of the Agency's 1984 registration data for the subject
apartment indicates the lease expiration date as August 31, 1985
and the April 1, 1984 rent as $302.54.
Accordingly, the apartment registration is hereby amended to show
the lease expiration date as August 31, 1984 and the April 1, 1984
rent as $303.84. In addition, the Rent Administrator's order is
modified to indicate the owner's timely response and the corrected
lease expiration date and April 1, 1984 rent.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, granted, and, that the order of the Rent
Administrator be, and the same hereby is, modified in accordance
with this order and opinion.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner