Docket No. BC710131RT
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. BC710131RT
DISTRICT RENT
ALFRED BADE, ADMINISTRATOR'S DOCKET
NO. 047215
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 4, 1987, the above-named tenant filed a petition for
administrative review of an order issued on January 30, 1987 by a
Rent Administrator concerning the housing accommodations known as
Apartment AA2, 210 Atlantic Avenue, Lynbrook, New York.
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 petition for administrative review.
This proceeding was commenced by the filing of the tenant's
objection to the 1984 registration alleging, among other things,
that gas and electricity are included in the rent, but were omitted
from the registration.
The owner's answer, dated October 30, 1986, pointed out that
cooking fuel is included in the rent, but the tenant is responsible
for paying for electricity.
On December 9, 1986 the Administrator mailed to the subject
tenant a copy of the owner's answer, and a notice informing the
tenant that failure to respond to the owner's answer within twenty
days of the above-mentioned date may result in the issuance of a
determination based on the evidence contained in the record.
The subject tenant did not respond to the owner's answer.
In the order under review herein, the Administrator determined,
among other things, that cooking fuel is included in the rent, and
Docket No. BC710131RT
that it is the tenant's responsibility to pay for his own
electricity.
The tenant's petition asserts that he has never had a gas meter
in his apartment, and that as there is no way "of metering the gas"
in the subject apartment the tenant asserts that the
Administrator's order should be revoked.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The Commissioner finds that the tenant's petition does not
raise any issues to be decided by the Commissioner, but merely
asserts that there is to way to meter the amount of gas used by the
tenant. The Commissioner further finds that this assertion is
irrelevant to this proceeding as the Administrator's order has
determined that it is the owner's responsibility to pay for gas.
Furthermore, the Commissioner finds that the Administrator's
order appears proper on its face. Accordingly, the Commissioner is
of the opinion that the Administrator's order should be affirmed.
THEREFORE, in accordance with the provisions of the Emergency
Tenant Protection Act of 1974 and the State Tenant Protection
Regulations, it is
ORDERED, that the tenant's petition be, and the same hereby is,
denied, and that the order of the Rent Administrator be, and the
same hereby is, affirmed.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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