BI 110266-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
APPEAL OF DOCKET NO.:
BI 110266-RO
TEG MANAGEMENT CORPORATION,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER 042412
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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, Jamaica, New York,
concerning the housing accommodations known as 140-50 Ash Avenue,
Flushing, New York, Apartment 1-B.
The issue herein is whether the Rent Administrator properly
determined the tenant's objection to the 1984 Apartment Rent/Ser-
vices Registration.
On September 11, 1984, the tenant commenced the original proceeding
by filing with the Division a tenant's objection form to the ser-
vices registration statement filed by the owner. The tenant
alleged that the owner did not include therein a number of apart-
ment and building services.
The 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 inter alia, 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 maintenance and wiring services at all times.
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 May 22, 1987 and June 23, 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 Stabili-
zation 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
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 6, 1992
RE. : Administrative Appeal Docket No.: BI 110266-RO
D.R.O. Docket No.: 042412
Subject Premises: 140-50 Ash Ave., Apt 1-B,
Flushing, N.Y.
This proceeding is being remanded for the following
reasons:
Rent Administrator never considered owner's answer
to the tenant's objection to the apartment regis-
tration. Evidence showed that the answer was
mailed to the Rent Administrator and received by
the Rent Administrator within the requisite time-
period.
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