BG 210245-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BG 210245-RO
CORBIN REALTY COMPANY,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER 026560
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ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE REVIEW
On July 10, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on June 4, 1987,
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
200 Corbin Place, Brooklyn, New York, Apt. 2-A.
The issue herein is whether the petitioner-owner was ever served
with a copy of the tenant's objection to t e services registra-
tion; thus affording it with an opportunity to respond to the
tenant's allegations.
The District Rent Administrator's order, appealed herein,
determined, inter alia, that on March 30, 1987, notice was mailed
to the owner; that the owner failed to answer and that based on
the evidence of record and the owner's failure to refute the
tenant's factual allegations, various specified services are pro
vided by the owner. The registration statement for the subject
apartment was amended to reflect these facts.
On appeal, the petitioner-owner alleged that it never received a
copy of the tenant's objection to the rent services registration
and was, therefore, deprived of an opportunity to respond to the
tenant's allegations.
In response, the tenant contends, in substance, that there is no
reason to overturn the District Rent Administrator's order of
June 4, 1987.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be remanded to the District Rent Administrator for further
processing.
A review of the record reveals that the petitioner-owner was
never served with a copy of the tenant's objection to the
services registration and was not given an opportunity to
BG 210245-RO
participate in the proceeding befo e the District Rent Admin-
istrator.
A notice, dated March 30, 1987, containing a copy of the tenant's
objection to the services registration was mailed to the owner at
26 Court Street, Brooklyn, New York, but the file clearly shows
that envelope was returned to the sender and that the owner's
current address is 166 Montague Street, Brooklyn, New York.
Accordingly, the Commissioner finds that due process requires
that this proceeding be remanded to the Rent Administrator for
the purpose of serving a copy of the tenant's complaint upon the
current owner and affording the current owner an opportunity to
respond to the tenant's allegations.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this petition be, and the same hereby is, granted
to the extent of remanding this proceeding to the District Rent
Administrator for further processing in accordance with this
order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
BG 210245-RO
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL
INTER-OFFICE CORRESPONDENCE
TO : District Rent Office/Processing Unit
FROM : Attorney J. Velcoff
S.C.O.R.E. Bureau Administrative Review Unit
DATE : May 29, 1992
RE. : Administrative Appeal Docket No.: BG 210245-RO
D.R.O. Docket No.: 026560
Subject Premises: 200 Corbin Place, Brooklyn, NY, Apt. 2A
This proceeding was remanded:
[ ] 1. Because District Office file was not received by us in
time to decide the matter within statutory or court im
posed deadlines. The original order should be affirmed,
revoked, modified or corrected after consideration of
claims made and/or new evidence submitted or offered on
appeal. (See the "D.R.O. Copy" of our final order and
all attachments, that accompanies this memo.)
[ ] 2. For a hearing to be held, by the Hearing Bureau. Your
file has been transferred to the Hearing Bureau and
this memo and "D.R.O. Copy" of our order is sent to you
for your information and records.
[X] 3. For the reasons specified below:
The tenant's objection to the servic s regis-
tration was never served on the owner below.
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