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.BG210418RO
I & J Realty Corp. : DISTRICT RENT ADMINISTRATOR'S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 30, 1987, the above-named owner filed a petition for
administrative review of an order issued on July 20, 1987 by a Rent
Administrator concerning the housing accommodations known as 738
Oceanview Avenue, Apartment No.2D, Brooklyn, New York wherein the Rent
Administrator ordered the owner to offer the tenant a renewal lease.
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.
This proceeding was commenced by the filing of a complaint of the
owner's failure to renew the lease. On the same complaint form the
tenant raised some issues regarding the delivery of certain services by
Despite two notices sent to the owner affording it an opportunity to
respond, the record indicates that the owner failed to answer the
In the Administrator's order the Administrator wrote that because of the
owners failure to answer "... the teant's allegations are deemed
admitted." The Administrator directed the owner to offer the tenant a
renewal lease. No references were made in the order to the alleged
In its petiton for administrative review, the owner exclusively rebuts
the allegations involving the delivery of services and makes no comments
involving the Administrator's order regarding the lease renewal.
The Commissioner is of the opinion that this petition for
administrative reveiw should be denied.
The owner has mistakenly interpreted that portion of the Administrator's
order which stated that the " ... tenant's allegations are deemed
admitted." This statement related only to the portion of the complaint
involving the lease renewal. The Administrator's order made no
refernces to or drew any conclusions regarding the delivery of services
to this tenant. Any services issue was outside the scope of the
complaint form and the Administrator's order.
Accordingly, the owner's petition for administrative review cites no
errors of fact or law made by the Administrator.
THEREFORE, in accordance with the provisions of the Rent Stabilization
Law and Code, it is
ORDERED, that this petition for administrative review be, and the same
hereby is, denied, and the Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA