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. BJ430390RO
Michael S. Stuart DISTRICT RENT OFFICE
PETITIONER : TENANT: Eugenia Cruz
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 7, 1987, the above named owner filed a Petition for Administrative
Review against an order issued on September 9, 1987, by the Rent
Administrator concerning the housing accommodations known as 556 West 126th
Street, New York, New York, Apartment No.3, wherein the Rent Administrator
determined that the owner failed to offer the complainant tenant a vacancy
The Administrative Appeal is being determined pursuant to the provisions of
Sections 2522.5 and 2523.5 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's finding that the owner
failed to offer a vacancy lease to the tenant was correct.
The Commissioner had 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.
The tenant originally commenced this proceeding by filing on May 27, 1986 a
Tenant's Complaint Of Owner's Failure To Renew Lease And /Or Failure To
Furnish A Copy Of A Signed Lease wherein the tenant stated she commenced
occupancy of the subject apartment on February 28, 1986 and that she was not
offered a lease.
In Order No. ZAE-510288-RV, the Rent Administrator's finding that the owner
failed to respond to the tenant's complaint, wherein the tenant alleged that
she was not given a lease, resulted in the Rent Administrator's deeming the
tenant's allegation admitted. The Rent Administrator directed the owner to
issue a vacancy lease to the tenant.
In the petition, the owner states that, among other things, the tenant
refused to sign a lease prior to April 1, 1986.
The Commissioner is of the opinion that the petition should be denied.
A notice dated June 23, 1986, together with a copy of the tenant's complaint
and answer forms, were sent to the owner wherein the owner was advised of the
tenant's complaint and requested to respond within 20 days from the date of
said notice. The owner was cautioned therein that a failure to respond will
be deemed a default and may result in a determination based on the present
record before the Rent Administrator.
A subsequent final notice dated July 15, 1987, together with a copy of the
tenant's complaint and answer forms, were sent to the owner wherein the owner
was advised that it failed to respond to the notice dated June 23, 1986
(cited above) and that it was afforded a final opportunity to respond within
20 days of the date of the final notice. The owner was cautioned therein
that a failure to respond would result in a determination based on the
present record before the Rent Administrator.
The record shows that the owner did not file with the D.H.C.R. the requisite
response in the proceeding before the Rent Administrator.
The Commissioner finds, therefore, that the Rent Administrator properly
deemed the tenant's allegation admitted in view of the owner's failure to
interpose an answer to the tenant's complaint.
The Commissioner notes that new evidence submitted in the owner's petition
cannot be considered for the first time on appeal.
Accordingly, the Rent Administrator correctly determined that the tenant's
allegation that she had not been offered a lease be deemed admitted. It is
noted that subsequent to the insuance of the Rent Administrator's order, the
owner offered a lease and the tenant signed such lease.
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, that the order of the Rent Administrator be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA