BL 610181 RO
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.: BL 610181 RO
DISTRICT RENT ORDER
Ralph Langham Associates, Inc. DOCKET NO.: 16486
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 22, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
December 8, 1987 by the Administrator (Columbus Circle)
concerning housing accommodations known as Apartment 3H, 1150
Grand Concourse, Bronx, New York, wherein the Administrator
determined that the tenant had not been overcharged; and that the
apartment contains three (3) rooms.
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.
In its petition, the owner contends, in substance, that the
apartment contains four (4) rooms; and that the Administrator's
order should be modified so as to reflect same. Attached
therewith is a drawing of the apartment purporting to indicate
that the apartment consists of four rooms.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
A review of the record discloses that the then owner was served
with a copy of the tenant's objection to the registration. Said
former owner who denied that the apartment contains three rooms
in the proceeding below was requested to submit a copy of the
floor plan of the subject apartment but failed to do so. The
Commissioner notes that the current owner's "sketch" of the
apartment is submitted for the first time on appeal and therefore
cannot be considered at this level of the proceeding.
Accordingly, the Commissioner finds that the Administrator
properly determined that the apartment contains three (3) rooms
and was correct in amending the owner's apartment registration.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied;
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.
BL 610181 RO