STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
-------------------------------------X In reply please refer to
IN THE MATTER OF THE ADMINISTRATIVE Administrative Review
APPEAL OF : Docket No.: DF 630180-RT
: DRO Docket No.: AK 630058-OM
STUART NICHOLSON KINGSBRIDGE
HEIGHTS, PETITIONER : Premises : 2791 University Avenue
-------------------------------------X Bronx, New York
ORDER AND OPINION REJECTING TENANT'S PETITION FOR ADMINISTRATIVE REVIEW
AND TERMINATING OWNERS PETITION FOR ADMINISTRATIVE REVIEW
On , the above-named petitioner filed a Petition for
Administrative Review against an Order issued on by the
Rent Administrator of the District Rent office located at
Gertz Plaza, Jamaica, New York.
On August 7, 1989, the Commissioner issued an order of rejection since the
PAR failed to set forth the names and mailing address of the owner
affected by the petition.
The Division record reveals that the owner filed an answer to the tenant's
PAR which was improperly docketed as the tenant's refiled PAR on August
17, 1991, under docket no. EI 630271-RT.
Moreover, the reco d indicates that the envelope address to tenant-
petitioner, containing the rejection order was returned to the Division as
Therefore the rejection order is reissued based on an irregularity in
vital matters to afford the parties their due process rights.
This order is reissued to afford the tenant, in accordance witht he
Division's usual procedures, the right to refile a properly completed PAR
in a timely manner as more fully set forth below.
Additionally, the owner's answer improperly docketed under EI 630271-RT is
The petition is rejected pursuant to Operational Bulletin 84-1,
since it fails to comply with the requirements of the aforesaid
Operational Bulletin as indicated by the item(s) checked below.
( ) The petitioner fails to set forth t e name and post-
office address of an aggrieved person filing the
petition, and whether it is the tenant or owner of the
accommodations involved or a representative of the
tenant or owner or other aggrieved person.
( ) The petitioner has not submitted a complete copy of
the District Rent Office order being appealed.
( ) The petition fails to set forth the locati n by post-
office address of all housing accommodations involved
in the petition.
(X) The petition fails to set forth the name(s) and/or
location by post-office address of tenant(s) and/or
owner(s) affected by the petition.
(X) The petitioner filing the petition has failed to sign
and/or verify or affirm the petition and/or submit
written evidence of authorization to file a PAR
( ) The petitioner fails to set forth objections to the
order being appealed.
( ) The petition has not been filed in an original and one
copy at the Division of Housing and Community Renewal,
Office of Rent Administration, Gertz Plaza, 92-31
Union Hall Street, Jamaica, NY 11433.
THEREFORE, in accordance with the provisions of Chapter 403, Laws of 1983,
as amended by Chapter 102, Laws of 1984, as implemented by Operational
Bulletin 84-1, it is
ORDERED, that the petition is hereby rejected, without prejudice to the
right of the Petitioner to refile properly within thirty five (35) days
from the date of this notice.
NOTE: Should the Petitioner refile the petition, the papers must include
a copy of the Rent Administrator's Order and must reference the Docket
Number of this Order and Opinion rejecting the Petition for Administrative
PLEASE TAKE NOTICE that should you fail to fully comply with all
requirements for a proper administrative appeal, within the specified time
limit, there will be no further opportunity to refile. A late refiling or
one that does not meet all procedural requirements may be dismissed with
The petitioner is hereby cautioned that it shall be insufficient to
attempt to comply with this order by resubmitting a copy of the petition
which has been rejected. A new filing is required and failure to so
refile in compliance with all procedural requirements within 35 days may
result in a dismissal of the proceeding.
Should Petitioner be unable to correct the procedural defect(s) indicated
herein above within the 35 day refiling period, the Petitioner must
nevertheless refile within the stated 35 days, setting forth the reason
why the defect(s) could not be cured as of the time of refiling and
request an extension of time within which to perfect the appeal.