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.:
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 14, 1987, the above-named petitioner-owner filed a
petition for administrative review of an order issued on July 13,
1987, by the Rent Administrator, concerning the housing accommoda-
tion known as 230 West 79th Street, New York, New York, Apt. 84,
wherein the Administrator determined that due to the owner's
failure to respond, the factual allegation of the tenant's objec-
tion is deemed admitted and that the owner provides electricity,
which is included in the rent. The registration was amended to
reflect this fact.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly deter-
mined that electricity service must be provided by the owner and
whether the registration statement was properly amended to reflect
On appeal, the petitioner-owner asserted that the Rent Adminis-
trator failed to consider a prior DHCR order (No. CDR 00731 issued
September 10, 1984), which granted the owner permission to convert,
the entire building, including the subject tenant's apartment, to
individual electric metering on the condition that the tenants
receive a concomitant and commensurate rent reduction. The peti-
tioner further asserted that to allow the Rent Administrator's
order of July 13, 1987 to stand would be grossly inequitable.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted.
On September 17, 1984, the tenant filed a timely objection to the
1984 Apartment/Building Services Registration, stating that
electricity service, which was omitted from the registration is
provided by the owner.
A notice was mailed to the owner, on June 9, 1987, which afforded
the owner an opportunity to answer the attached tenant's objection
to the registration. The record reveals, however, that the owner
did not file an answer in response to the notice.
Be that as it may, it is fundamental that the Rent Administrator is
deemed to be on notice of all records in his possession and that an
administrative policy of stare decisis is followed by the DHCR.
This doctrine states, in essence, that once a principle or decision
has been laid down as applicable to a certain state of facts, that
principle or decision will be adhered to and applied to all future
cases, where the facts are substantially the same.
The Commissioner notes that the petitioner appended Rent Adminis-
trative Order No. CDR 00731 to its appeal and it substantiates the
Accordingly, the Commissioner finds that no evidence has been
adduced by the tenant to disturb the settled point and that
consequently, the Rent Administrator erred by including electricity
service in the amended registration statement.
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 granted and
that the Administrator's order be, and the same hereby is revoked.
The registration statement should be amended to reflect the dele-
tion of electricity service.
JOSEPH A. D'AGOSTA