DHCR Decisions
Docket Number: BD-410139-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. BD 410139-RT
:
BARRY CHIN AND MARY CHIN, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. AE 420160-SD
PETITIONERS :
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ORDER AND OPINION TERMINATING PROCEEDING AND REFERRING
MATTER TO RENT ADMINISTRATOR
On April 6, 1987, the above-named tenants filed a petition for
administrative review of a report of vacancy decontrol filed by the
landlord concerning the housing accommodations known as 81 Eldridge
Street, New York, New York, Apartment 14.
The report of decontrol filed by the landlord (Docket No. AE 420160
SD) asserts that the apartment became vacant on or about February
11, 1977 and that Chin took occupancy thereafter. In their petition
for review, the Chins dispute the landlord's contention.
After careful consideration, the Commissioner is of the opinion that
the administrative review proceeding should be terminated and that
the matter should be referred to the Rent Administrator for
consideration.
A report of vacancy decontrol is an ex parte statement of a landlord
as to facts establishing the decontrol. It is subject, of course,
to challenge by a tenant who disputes the allegations in the report.
If such challenge is made, the appropriate forum for resolution of
the issue is by way of a proceeding under Section 2202.22 of the
Regulations before the Rent Administrator, rather than by way of an
administrative review proceeding. Following the Rent
Administrator's determination, the aggrieved party may file a
petition for administrative review of that determination.
Accordingly, the Commissioner is of the opinion that this
administrative review proceeding should be terminated as premature
and that this matter should be referred to the Rent Administrator
for commencement of a proceeding under Section 2202.22 of the
Regulations to determine the issues.
THEREFORE, in accordance with the City Rent and Rehabilitation Law
and the Rent and Eviction Regulations, it is
Docket Number: BD-410139-RT
ORDERED, that this proceeding be, and the same hereby is,
terminated, and that this matter be, and the same hereby is,
referred to the Rent Administrator for commencement of a proceeding
under Section 2202.22 of the Rent and Eviction Regulations to
determine the issues.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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