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. CK410131RT
Frank Boyer, : DISTRICT RENT OFFICE
DOCKET NO. 059233
OWNER: 273 East 3rd Associates
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 8, 1988 the above-named petitioner-tenant filed a Petition
for Administrative Review against an order issued on October 5, 1988 by
the District Rent Administrator, 10 Columbus Circle, New York, New York
concerning the housing accommodations known as 273 East 3rd Street,
New York, New York, Apartment No. 7W wherein the District Rent
Administrator terminated the tenant's registration objection because the
tenant had filed it 553 days after receiving the registration.
The issue herein is whether the Rent Administrator's order was
The Commissioner has 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.
This proceeding was originally commenced by the filing in January, 1986
of a Tenant's Objection to Rent/Services Registration, in which the
tenant stated that he had received the registration on June 22, 1984.
On October 5, 1988 the proceeding was terminated since the tenant had
not filed his objection within 90 days of receiving the registration.
In this petition, the tenant contends in substance that his roommate had
a Conciliation and Appeals Board ("C.A.B.") case under Docket No.
TC077652G, which was dismissed because she had left the country,
although the tenant herein was still in residence; that he was also out
of town when that order was issued, and was not notified of the
termination of that case until it was too late to appeal; that, although
the C.A.B. case was closed without prejudice to reopening by his
roommate, she had returned to Europe and did not wish to reopen it,
particularly since she and he had the impression that the DHCR case
(under appeal herein) would bear the force of the objection since he had
been in occupancy since 1982; that, however, he was advised by the DHCR
to immediately open another case, which he did under Docket No.
AA401191R [Note: Both the tenant's complaint in Docket No. AA401191R, as
well as his registration objection in the proceeding under appeal
herein, were dated January 5, 1986, more than seven months prior to the
August 15, 1986, issuance of an order in the C.A.B. proceeding]; that
he did not file a registration objection earlier because he thought he
was a party to the C.A.B. proceeding; and that his registration
objection should not have been dismissed, since his objection to the
rent has been in existence continually since 1982 or 1983.
The Commissioner is of the opinion that this petition should be denied.
While the tenant is not, strictly speaking, using this proceeding to
directly make a collateral attack on the C.A.B. order, he is attempting
to use the C.A.B. proceeding, (or what he claims to be his
misunderstanding about the proceeding and his failure to ensure that
mail reached him in a timely fashion, to which he was not even a party,
as justification for treating this proceeding as if it had been timely
filed, which would result in an April 1, 1980 base date per Rent
Stabilization Code Sections 2521.1(b)(1) and 2526.1(a)(3)(ii). However,
Section 2526.1(a)(3)(ii) applies only to complaints filed within 90 days
of the initial registration. The tenant's objection was filed a year
and a half after the initial registration, so it was appropriate to
dismiss it as untimely. The Commissioner notes that the tenant does
have an overcharge case (Docket No. AA401191R), which he filed at the
same time that he filed his registration objection, open and pending
with the Rent Administrator.
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 District Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA