DHCR Decisions
BH 110251-RO; BH 130254-RO
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
APPEALS OF DOCKET NOS.:
BH 110251-RO
BH 130254-RO
BEAUMONT ASSOCIATES,
RENT ADMINISTRATOR'S
DOCKET NOS.:
PETITIONER 044558
----------------------------------x 044559
ORDER AND OPINION REMANDING PETITIONS FOR ADMINISTRATIVE REVIEW
On August 18, 1987 and August 21, 1987, the above-named petitioner-
owner filed Administrative Appeals against orders issued on July
23, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
138-15 Franklin Avenue, Flushing, New York, Apartments L-3 and 611.
The Commissioner has consolidated these two petitions, as they
involve common questions of law and fact.
The issue herein is whether the Rent Administrator properly deter-
mined the tenants' objections to the 1984 apartment rent/services
registration.
On August 15, 1984, the tenants commenced the original proceedings
by filing with the Division, a tenant's objection form to the
services registration statement filed by the owner. The tenants
alleged that the owner did not include therein a number of apart-
ment and building services.
The Rent Administrator's orders, appealed herein, determined that
the owner, in not filing an answer to the tenants' objections had
defaulted and that as a result thereof, the factual allegations of
the tenants' objections were deemed admitted. The Rent Adminis-
trator further determined that the owner provides the services
cited in the tenants' objections. The registrations were amended
to reflect these facts.
BH 110251-RO; BH 130254-RO
On appeal, the petitioner owner contended (in both files) that it
never received a copy of the tenants' objections to the registra-
tions and that the first indication it had of a problem with the
registrations was when it received copies of the Rent Administra-
tor's orders. The owner further alleged that it recently moved its
offices and that the post-office did not forward its mail. The
owner further stated that although it provides gas, a doorman and
a master TV antenna; it never provided air-conditioners or screens.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeals
should be remanded to the Rent Administrator for further pro-
cessing.
A review of the files reveals that on May 27, 1987, copies of the
tenants' objections to the apartment/building registration were
mailed to the owner, but that it did not file answers to the
tenants' objections.
The Commissioner notes that, on March 21, 1987, the tenant of
Apartment 3-L, advised the Rent Administrator that the current
owner's name and address was Beaumont Associates, 4917 12th Avenue,
Brooklyn, New York. The tenant of Apartment 611, however, did not
reply to the Rent Administrator's request for the current owner's
name and address.
The Commissioner finds that the Rent Administrator, in reliance on
the tenant's (Apartment 3-L) statement, directed the notices
containing copies of the tenants' objections to Beaumont Associ-
ates, 4917 12th Avenue, Brooklyn, New York. The petitioner gives
its address as Beaumont Associates, Post Office Box 407, Brooklyn,
New York, and the Division's own records list an entirely different
entity as the registered owner at the time notices were sent. It
therefore cannot be determined if the owner was properly served
with the objections.
Accordingly, the Commissioner finds that due process requires that
both proceedings be remanded to the Rent Administrator for the
purpose of giving the owner an opportunity to respond to the
tenants' objections to the registration.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, it is,
BH 110251-RO; BH 130254-RO
ORDERED, that these petitions be, and the same hereby are, granted
to the extent of remanding these proceedings to the Rent Adminis-
trator for further processing in accordance with this Order and
Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL
INTER-OFFICE CORRESPONDENCE
TO : Renee Siboni
Rent Administrator/Tenant Services
FROM : Alice Ryen
Director Administrative Review, Services Bureau
DATE : October 1, 1992
RE. : Administrative Appeal Docket Nos.: BH 110251-RO,
BH 130254-RO
Docket Nos.: 044558, 044559
Subject Premises: 138-15 Franklin Avenue, Flushing, NY
Apts. 3-L and 611
These proceedings are being remanded for the following
reasons:
The District Rent Administrator mis-
directed tenants' objections to the
registrations to the wrong owner address;
thus denying owner an opportunity to
answer the tenants' objections. Both
PARs were consolidated.
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