ADM. APPEAL DOCKET NO. BI - 110265 - 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 APPEAL
APPEAL OF DOCKET NO.
BI - 110265 - RO
:
RENT ADMINISTRATOR'S
DOCKET NO. 051001
TEG MANAGEMENT CORP.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 24, 1987, the above-named petitioner-owner filed
an Administrative Appeal against an order issued on August 31,
1987, by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 140-30 Ash
Avenue, Flushing, N.Y., Apartment 4-L.
The issue herein is whether the District Rent Administrator
properly determined the tenant's objection to the 1984 apartment
rent/services registration.
On October 11, 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
apartment and building services.
The District Rent Administrator's order, appealed herein,
determined 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 was
further determined that the owner provides the services cited in
the tenant's objection and the registration was amended to reflect
this fact.
On appeal, the petitioner-owner asserted that laundry service
is not a required service and that it is provided by a
concessionaire; that doorman service was discontinued in the mid
1950's; that lobby furniture service was discontinued 25 years ago
and that it provides limited landscaping services even though this
service is not a required apartment service.
ADM. APPEAL DOCKET NO. BI - 110265 - RO
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 June 18, 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 August 31, 1987.
The Commissioner notes that the owner, on appeal, did not
offer any explanation for its failure to respond below.
Accordingly, the substantive objections raised in the
petition, are beyond the scope of review of this administrative
appeal and may not be considered.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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