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.:
CONCERNED MANAGEMENT CORP.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 25, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on July 21, 1987, by
the District Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 64-53B,
223rd Street, Bayside, New York, Apartment 1-A.
The issue herein is whether the District Rent Administrator
properly determined the tenant's objection to the 1984 apartment
On September 28, 1984, the tenant commenced the original proceeding
by filing with the Division a tenant's objection form to the
services registration statement filed by the owner. The tenant
alleged that the owner did not include therein a number of apart-
ment and building services and that the owner did not post the
building services registration.
The District Rent Administrator's order, appealed herein, deter-
mined inter alia, that the owner, in not filing an answer to the
tenant's objection, had defaulted and the factual allegations of
the tenant's objection are therefore deemed admitted. It is further
determined that the owner provides the services cited in the
tenant's objection, with the exception of extermination service,
which is required by law and need not be registered. The owner was
advised that the RR-3 building registration form must be posted at
all times in an area accessible to all tenants.
On appeal, the petitioner-owner asserted that some services cited
in the tenant's objection are provided except storage space,
laundry, drying area, free parking and recreation area, which were
never provided and, therefore, not registered.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2529.6 of the Rent Stabilization Code, the
scope of review in administrative appeals is limited to a review of
the facts or evidence that were before the Rent Administrator,
unless the petitioner establishes that certain facts or evidence
could not reasonably have been offered or included in the
proceeding prior to the issuance of the order being appealed.
In the instant case, the record reveals that the owner was served
on March 16, 1987 and May 29, 1987 with a copy of the tenant's
objection and offered an opportunity to respond within twenty
calendar days. No response was received and an order, based on the
owner's default, was issued on July 21, 1987.
The owner's answer was not sent until August 11, 1987, three weeks
after issuance of the order, and no explanation is offered for the
delay. Accordingly, the contents of the owner's answer, as well as
the substantive objections raised in the petition, are beyond the
scope of review of this administrative appeal and may not be con-
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
that Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner