Adm. Review Docket No: BE 410124-RT
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.: BE 410124-RT
:
HENRY ARCHER, DRO DOCKET NO.: L-3110043-RT
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 26, 1987, the above-named petitioner tenant filed a Petition
for Administrative Review against an order issued on May 13, 1987,
by the Rent Administrator at the then 10 Columbus Circle, District
Rent Office, concerning the housing accommodations known as 5 Tudor
City Place, Apartment 431, New York, New York, wherein the
Administrator, dismissed the tenant's fair market rent appeal.
The applicable law is Section 2522.3 of the Rent Stabilization Code.
The issue in these proceedings is whether the Administrator's order
was correct.
The tenant commenced this proceeding by filing a rent overcharge
complaint and fair market rent appeal application on March 28, 1983
alleging, in essence, that the rent charged to him on that date was
in excess of rent charged to a similar apartment in the subject
premises.
Copies of the tenants complaint were served on the owner who
responded by submitting a complete rental history for the subject
apartment.
On May 13, 1987, the Administrator issued the order herein under
appeal dismissing the tenant's fair market rent appeal based on a
determination order under Docket Number TA 9069, Opinion Number
5345, issued on January 7, 1982. Therein, the Conciliation and
Appeals Board (CAB), the Division's predecessor agency, found the
fair market rent ($439.21) to be in excess of the initial rent
charged the tenant ($419.01), and, accordingly, dismissed the
application as being without merit.
The petitioner challenges the Administrator's findings herein
arguing that the prior CAB opinion was stale, not decided correctly,
and unlawful, and should have been reconsidered. The petitioner
also alleges that Division staff delayed and misled the tenant as to
the status of this application below and at PAR.
The Commissioner notes that there is no record that the tenant
sought judicial review of the CAB's fair market rent determination
under Docket Number 9069. The tenant's failure to appeal the CAB's
Adm. Review Docket No: BE 410124-RT
initial determination that there was no merit to the initial fair
market rent application rendered that administrative determination
final, precluding further appeal or reconsideration thereof.
Consequently, the Administrator properly cited that prior
determination to deny further consideration in the May 13, 1987
determination (L-3110043-R/T) herein under review.
The Commissioner finds no evidence to support the petitioner's
allegations of irregularity in a vital matter or lack of due process
or to support the petitioner's allegation that it was misled by
Division staff.
Regarding the petitioner's request for a hearing, the Commissioner
notes that the record was complete upon the written submissions and
that, therefore, a hearing was not warranted.
The petitioner is correct that the Division listed an incorrect
address for the tenant in the notice confirming the receipt of the
tenant's PAR. However, as the Administrator's order issued prior to
the PAR notice, the subsequent inadvertant error on the PAR notice
could not have had an impact on the Administrator's order. The
Commissioner takes note however of the petitioner's objection to
require that Division records be updated to reflect the correct
information. The Commissioner further notes that other than causing
temporary record keeping delays, the incorrect address on the PAR
notice constituted harmless error.
THEREFORE, in accordance with the provision of the Rent
Stabilization Law and Code, Chapter 403 of the Law and 1983, and
Chapter 403 of the Law of 1983, and Chapter 102 of the Laws of 1984,
it is
ORDERED, that this owner's petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby,
is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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