Docket Number: BG-110361-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.: BG 110361-RO
:
83-10 35th OWNER'S CORPORATION, DRO DOCKET NO.: 043513,
EXAMINING UNIT
PETITIONER : TENANT: MARGARET HERMAN
------------------------------------X
ORDER AND OPINION REMANDING PROCEEDING TO RENT ADMINISTRATOR
On July 27, 1987, the above named petitioner-owner filed a Petition for
Administrative Review against an order issued on June 24, 1987, by the
Rent Administrator, 10 Columbus Circle, New York, New York concerning the
housing accommodations known as Apartment 5-T, 83-10 35th Avenue, Jackson
Heights, New York wherein the Rent Administrator determined that the
overcharge portion of the tenant's objection to registration should be
dismissed but granted the service portion thereof to the extent of
amending the apartment's registration to include certain services.
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 administrative appeal.
The tenant commenced this proceeding on September 11, 1984, by filing an
objection to the prior owner's registration of the subject apartment's
rent and services.
In answer to the objection, the prior owner stated that the building had
been sold to the petitioner in 1985. The prior owner attached a rent
history chart submitted to the Attorney General in connection with an
Assurance of Discontinuance.
The Administrator served the petitioner with the tenant's objection. In a
letter dated June 10, 1987, the petitioner, through its attorney,
requested a 30-day extension of time in which to answer the tenant's
objection. The Administrator did not respond to this request.
On June 24, 1987 the Administrator issued the order herein under review.
Although only the petitioner is listed as the owner in the Administrator's
order, the order states that the owner had responded to the objection by
submitting the above-described rent history but had failed to respond to
the tenant's allegations regarding registered services. Based thereon the
Administrator dismissed the overcharge objection and deemed the service
allegations to be admitted.
Docket Number: BG-110361-RO
In this petition, the owner contends that the Rent Administrator's order
is incorrect and should be modified because it was issued while the
owner's request for an extension was still pending, i.e., about two weeks
after the request for a 30 day extension had been made.
Substantively, the owner denies that it provides four of the services
which the Administrator deemed admitted.
The tenant did not answer this petition, although given the opportunity to
do so.
The Commissioner is of the opinion that this petition should be granted to
the extent of remanding this proceeding to the Administrator.
On remand, the owner should be allowed to offer proof that none of the
following building-wide services are provided: Master TV Antenna, one
full-time superintendent, two full-time painters and one full-time
handyman. In all other respects the Administrator's order will not be
reconsidered on remand, including the Administrator's finding regarding
the number of rooms, which was not challenged by the petition.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be and the same hereby is granted to the
extent of remanding this proceeding to the Rent Administrator for further
processing in accordance with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
