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 98th Street, Apartment 2H,
Brooklyn, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services. The owner's petition 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
complaint or otherwise asserted that conditions would be corrected.
Notices were sent to the tenant requesting verification of the
owner's assertions. The tenant failed to reply to the notices.
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 responded 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 owner and the
tenant on April 3, 1988. There is no evidence of any further
comments 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 should be affirmed.
THEREFORE, in accordance with the provisions of 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