Docket No. BI 710016-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.: BI 710016-RO
Sterling Ridge Realty, NO.: M-B-F-7-1-0038-R
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 11, 1987, the above-named owner filed a petition
for administrative review of an order issued on August 7, 1987 by
a District Rent Administrator concerning the housing accommodation
known as Apartment 2-Q, 101 Clinton Avenue, Mineola, 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 proceeding was commenced by the filing of a rent overcharge
complaint by the subject tenant on June 2, 1987. The complaint
alleged that the tenant is being charged excess rent for garage
On June 10, 1987 the rent agency mailed to the owner a copy of
the tenant's complaint, along with a notice which stated that the
owner had twenty days from the above-mentioned date to submit an
The owner did not submit an answer to the Administrator.
In the order under review herein, the Administrator noted that
the owner was served with a copy of the tenant's complaint, but had
not submitted an answer. The Administrator determined that the
tenant had been paying rent in excess of the legal regulated rent
for the parking garage. The Administrator directed the owner to
refund any money collected from the tenant that was in excess of
the legal regulated rent for the garage.
The owner's petition asserts that the owner did not receive a
copy of the tenant's complaint, and therefore did not have an
Docket No. BI 710016-RO
opportunity to respond.
After careful consideration, the Commissioner is of the opinion
that the owner's petition should be denied.
As the record reflects that the Administrator mailed to the
owner a copy of the tenant's complaint on June 10, 1987, and that
the owner did not respond, the Commissioner finds that the
Administrator's order should be affirmed.
The Commissioner notes that the owner's petition does not
dispute the Administrator's finding of an overcharge.
Accordingly, the Commissioner finds that the owner's petition
should be denied.
THEREFORE, in accordance with the Emergency Tenant Protection
Act of 1974 and the State Tenant Protection Regulations, it is
ORDERED, that the owner's petition be, and the same hereby is,
denied, and that the order issued by the Rent Administrator be, and
the same hereby is, affirmed.
Joseph A. D'Agosta
Acting Deputy Commissioner