ADM. REVIEW DOCKET NO.: BG - 110244 - RT
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.:
BG - 110244 - RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
045210
MARTHA SCHIEBELHUTH
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 1, 1987, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on June 15,
1987, by the Rent Administrator, concerning the housing
accommodation known as 192-14 39th Avenue, Flushing, New York,
Apartment 1-FL, wherein the Administrator determined that the owner
must maintain and post the building registration form # RR-3 at all
times in an area accessible to all tenants.
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.
The issue herein is whether the Rent Administrator properly
determined the tenant's objection to the registration, which
objection was filed on September 28, 1984.
On appeal, the petitioner-tenant claimed that the registration
for the building complex has to be posted in the lobby or directly
outside the managing agent's office and that the owner had not
complied with this requirement. Additionally, the petitioner-
tenant stated that the owner did not furnish a multiple dwelling
registration (MDR) number for the subject building.
ADM. REVIEW DOCKET NO.: BG - 110244 - RT
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
The sole issue raised in the tenant's objection to the
registration is whether the owner had properly posted the building
registration form.
With regard to the tenant's contentions about the posting of
the building services registration, the Commissioner notes that
this is 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.
Be this as it may, the owner's answer of April 20, 1987
asserted that a copy of the RR-3 was posted and a copy of the
registration form was provided as evidence thereof. In fact, the
owner alleged that the RR-3 form has been prominently posted on the
superintendent's office in every year since 1984.
The Commissioner notes that an MDR number is not necessary for
the subject premises because it is a garden-type complex and is,
therefore, not a multiple dwelling.
Accordingly, the Commissioner finds that the Rent
Administrator properly issued the order of June 15, 1987.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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