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.:DG410167RO
Park West Mgmt. Corp., RENT ADMINISTRATOR'S
DOCKET NO.:CE410482S
SUBJECT PREMISES:
788 Columbus Ave.
Apt. 17G
New York, NY
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on June 20, 1989 concerning the housing
accommodations relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding on May 10, 1988 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment. From the tenant's complaint, the
owner's mailing address is Park West Mgmt. Corp., 382 Central Park
West, New York, NY 10025.
On June 6, 1988, DHCR mailed a Notice and Transmittal of Tenant's
Complaint to the registered owner and address - Park West Village
Associates, 60 East 42 Street, New York, NY 10165.
The owner failed to respond to the tenant's complaint.
Thereafter, a physical inspection of the subject apartment was
conducted on May 24, 1989 by a DHCR staff member who confirmed the
existence of defective conditions.
By an order dated June 20, 1989, the Administrator directed the
restoration of services and ordered a rent reduction. The
Commissioner notes that a copy of this order was addressed to the
owner at 382 Central Park West, New York, NY 10025.
In this petition, the owner contends in substance that the owner was
never served with a copy of the underlying tenant's complaint; and
that it received all other complaints addressed to 382 Central Park
West, New York, NY 10025.
DG410167RO
In answer, the tenant asserted in substance that defective
conditions still existed.
After careful consideration, the Commissioner is of the opinion that
the petition should be granted and that the Administrator's order
should be revoked.
The record establishes that the registered owner and address of the
subject premises as of April 1, 1988 is Park West Village
Associates, 60 East 42 Street, New York, NY 10165. However, the
tenant's complaint did state the owner and address as Park West
Mgmt. Corp., 382 Central Park West, New York, NY 10025. As required,
DHCR should also have mailed a copy of the complaint to the owner's
address as stated in the tenant's complaint, which was not done in
this case.
Based on the foregoing, the Commissioner finds credible the
contention that the owner was not accorded due process. Accordingly,
the owner's petition is granted.
The Commissioner notes that the owner's rent restoration application
(EB410136OR) was granted on January 11, 1991.
Rent arrears may be due the owner from the tenant as a result of
this Order and Opinion. Any arrears should be paid in monthly
installments which shall not exceed the amount of the monthly rent
reductions revoked herein.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, granted;
that the Administrator's order be, and the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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