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.:
111-15 WEST 141 STREET ASSOCIATES,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 13, 1989, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
March 13, 1989, by the Rent Administrator, concerning the housing
accommodation known as 115 West 141st Street, New York, New York,
Apartment 3-B, wherein the Administrator determined that the owner
had failed to maintain required services and ordered a reduction of
the legal regulated rent.
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.
In the petition, the owner claims that it was denied due process in
that it had no opportunity to respond to the complaint, that it ac-
quired title in October, 1988 without any knowledge of the pending
complaint, and that the Administrator's order and all notices were
sent to the prior owner.
After careful consideration of the entire evidence of record, the
Commissioner is of the opinion that the petition should be denied.
A review of the Division's records indicates that the change of
ownership was reported in the April 1, 1989 registration statement.
There was no change of ownership filed before that date. The
evidence of record indicates that the prior owner answered the
complaint below on February 5, 1988.
The Commissioner therefore finds that the Administrator's order was
properly issued to the owner at the address specified in the com-
plaint, and that the owner's petition does not establish any basis
for modifying or revoking the Administrator's order.
The owner may file a rent restoration application if the facts so
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, and the Emergency Tenant Protection Act of 1974,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby, is
JOSEPH A. D'AGOSTA