DOCKET NUMBER:CK 810163-RO
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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:CK 810163-RO
:
DRO DOCKET NO.:BF 810047-S
PER-BAR SALES CORP PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND CORRECTING RENT ADMINISTRATOR'S ORDER
On November 15, 1988 the abovenamed petitioner owner filed a
Petition for Administrative Review against an order issued on
October 15, 1988 by the Rent Administrator of the Westchester
District Rent Office concerning the housing accommodations known
as 10 Old Mamaroneck Road, Apartment 6B, White Plains.
The herein appealed order of the Rent Administrator reduced the
stabilized rent to reflect the elimination of doorman service.
In its petition the owner, among other things, alleges that it did
not receive notice of the tenant's (Evelyn Bregman's) complaint;
that the same issue was involved in a multiple tenant's proceeding
(WWP865-184-201-B) which the owner was vigorously defending and
would have also responded in this case had it received notice; and
that the Administrator's order is contradictory because in the
first paragraph it states that the owner was notified on January
7, 1987 but elsewhere indicates that the notice was in July 1987.
In response, the tenant, among other things, alleges that she did
not join in the abovenoted multiple tenant's complaint because she
was out of town at the time and filed her own individual complaint
herein.
The Commissioner is of the opinion that the petition should be
denied.
The Commissioner notes that the abovenoted multiple tenant's
proceeding was decided against the owner on the merits at the
District Rent Office level and on appeal (SJR 2654; BD 810089-RO;
WWP865-184-201-B).
The Commissioner further notes that in the instant proceeding a
notice and copy of the tenant's complaint was mailed to the owner
on July 7, 1987 care of "Perco Management," the then registered
owner and managing agent.
DOCKET NUMBER:CK 810163-RO
The Commissioner finds that the Administrator's order is proper
after correcting as noted infra, and should be affirmed.
The second sentence of the first paragraph of the Administrator's
order states that the owner was served with a copy of the
complaint on "January 7, 1987" which is an obvious typographic
error since a draft of the order also in the second specifies the
correct date of "July 7, 1987". The order should, therefore, be
corrected accordingly.
The Commissioner further notes that a subsequent order was issued
on or about March 20, 1990 restoring the instant rent reduction
(CL 810011-OR). This order does not affect that restoration order
nor any appeal which may have been taken against it.
THEREFORE, pursuant to the Emergency Tenant Protection Act and
Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied and
that the order of the Rent Administrator be, and the same hereby
is, corrected as above set forth and, as so corrected, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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