STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
Seashore Management Co.,
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on May 3, 1988, concerning the housing
accommodations known as 1177 East 98 Street, Apartment 3C,
Brooklyn, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services. The owner's appeal was
inadvertently denominated and docketed as the tenant's petition.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in the
A notice sent to the tenant requesting information pertaining to
the owner's assertions was returned by the U.S. Postal Service with
the following notation: "MOVED - NOT FORWARDABLE". However, the
Rent Administrator terminated the proceedings based on an incorrect
finding that the owner had failed to submit evidence.
In the petition for administrative review, the owner points out
that it filed an answer to the tenant's complaint, and that no
further information was requested from the owner. Notice of the
administrative review proceedings was sent to the parties. There
is no evidence of any further comment by either party.
The Rent Administrator's order is amended to reflect that the
tenant, not the owner, failed to submit information/evidence
necessary to process the case. In all other respects, the Rent
Administrator's order, which terminated the proceedings, should be
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be granted and that the Rent
Administrator's order be affirmed as modified, in accordance with
JOSEPH A. D'AGOSTA