DOC. NO.: BK 110241-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

         ------------------------------------X
         IN THE MATTER OF THE ADMINISTRATIVE :   ADMINISTRATIVE REVIEW
         APPEAL OF                               DOCKET NO. BK 110241-RO
                   JACK HARRIS, FOR          :   DISTRICT RENT ADMINISTRATOR'S     
                TISHMAN EAST INC.,           :   DOCKET NO. 052558
                                 PETITIONER  :
         ------------------------------------X

              ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW


         On November 4, 1987, the above-named owner filed a petition for 
         administrative review of an order issued on September 29, 1987 by a 
         District Rent Administrator concerning the housing accommodations known as 
         Apartment B-1002, 61-20 Grand Central Parkway, Forest Hills, New York.

         The Commissioner has reviewed all of the evidence in the record and has 
         carefully considered that portion of the record relevant to the issues 
         raised by the petition for review.

         The original proceeding was initiated by the tenant's filing an objection 
         to the 1984 services registration for the subject apartment on October 26, 
         1984, alleging that centralized air-conditioning units are included in the 
         rent, and that the three room air-conditioners are a required service.

         The owner did not submit an answer.

         In the order under review herein the Administrator determined that in view 
         of the fact that the owner failed to respond to the tenant's objection, 
         the factual allegations would be deemed to be admitted, and that the owner 
         is to provide three room air-conditioners for the subject apartment.

         In the petition for administrative review the owner asserts that it never 
         received a copy of the tenant's objection; that central air-conditioning 
         is provided and paid for by the owner, but, the owner further states, 
         individual room air-conditioners are not.  The owner submits a copy of the 
         1984 building services registration, showing that central air-conditioning 
         is a required service.





















          DOC. NO.: BK 110241-RO


         The tenant's answer to the owner's petition states that the owner's 
         petition "should not be denied."  (Emphasis in original.)  The tenant 
         further asserts that the subject apartment is in fact equipped with 
         central air-conditioning that is provided and paid for by the owner, but  
         that the tenant's only concern is that the central air-conditioning should 
         be properly maintained.

         After careful consideration, the Commissioner is of the opinion that the 
         petition should be granted.

         The Commissioner finds, based upon the preponderance of the evidence, that 
         the owner was not served with the tenant's objection.  The rent agency 
         mailed the tenant's complaint to the owner's prior address, which was 
         different from the owner's address listed in the annual registration 
         statement, at the time of the mailing.

         Since the owner was not served with the tenant's complaint, thus not being 
         given an opportunity to respond to the tenant's allegation, the owner's 
         right to due process was denied.

         However, it is not necessary to remand this proceeding to the 
         Administrator, because of the fact that the tenant in his answer to the 
         owner's petition, admits to the portion of the owner's petition pertaining 
         to the central air-conditioning.  Also, the tenant does not dispute the 
         owner's assertion that individual room air-conditioners are not a required 
         service.  The Commissioner further notes that the rent agency's  records 
         (subject apartment's initial registration) do not show individual room 
         air-conditioners as a required service.

         Accordingly, the Commissioner is of the opinion that the owner's petition 
         should be granted, and that the Administrator's order should be revoked.


         THEREFORE, in accordance with the Rent Stabilization Law and Code, it is

         ORDERED, that the owner's petition be, and the same hereby is, granted, 
         and that the Administrator's order, and the same hereby is, revoked; and 
         it is

         FURTHER FOUND AND DETERMINED, that central air-conditioning is a required 
         service for the subject housing accommodation.

         ISSUED:
                                                                              
                                                 ELLIOT SANDER
                                                 Deputy Commissioner 
    

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name