ADM. REVIEW DOCKET NO.: CJ 410215 RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CJ 410215 RT
:
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: ZBC 410116 - R
JAMES K. O'DALY
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 26, 1988 the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
October 13, 1988 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as Apartment No. 10B at 150 West 58th Street, New York, New
York.
The issue in this case is whether the Administrator's order
was warranted.
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 tenant.
The instant proceeding was commenced with the filing of a
complaint of overcharge by the tenant on March 5, 1987. On
October 13, 1988, under Docket # ZBC 410116-R, the Administrator
terminated this proceeding, since all issues presented therein
were then under consideration in an appeal of an earlier
overcharge complaint filed by the tenant (ARL 07344-L).
In response to this petition, the owner states that the
tenant's appeal should be denied; that the Administrator properly
terminated the tenant's complaint as being duplicative of the
tenant's 1983 overcharge complaint; that as the tenant's complaint
of overcharge is being considered in the Administrative Review
proceeding, under Docket Number ARL 07344-L there is no need to
process the tenant's later overcharge complaint; that the tenant
has not been prejudiced in any way by the termination of his 1987
complaint; that the Division has merely consolidated the
proceedings and eliminated a duplicative complaint.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: CJ 410215 RT
The tenant's complaint of rent overcharge filed in 1987 was
duplicative of his earlier overcharge complaint filed in 1983.
Based thereon, the Commissioner finds that the Administrator
properly terminated the tenant's overcharge complaint in the
instant case.
It is noted that on June 19, 1989, the Commissioner granted
in part the petition under Docket # ARL 07344-L, determining and
resolving all issues of law and fact in this case.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. REVIEW DOCKET NO.: CJ 410215 RT
|