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. DK 120370-RT
: DISTRICT ADMINISTRATOR'S
FRED & REGINA HENNEN, DOCKET NO. AK 123752-FR
: PREMISES: 37-55 77TH ST., APT. 1G
PETITIONER JACKSON HEIGHTS, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenants filed a timely petition for administrative review
of an order issued concerning the housing accommodations described above.
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 Administrator issued the order being appealed herein in which the
Administrator found that the "owner submitted evidence indicating the owner
has substantially complied with the filing requirements for the 1986 fuel
On appeal, the tenants argue that the Administrator's order is incorrect
because it is addressed to a former tenant, not to the current tenants.
The tenants also allege that "other information submitted by landlord may
also be incorrect."
The Commissioner is of the opinion that this petition should be denied.
An examination of the record reveals that one of the tenants (Regina
Hennen), was married to the former tenant named on the Administrator's
order (Kevin Hayden), and, subsequent to Kevin Hayden's death married Fred
Hennen. As such, she retains Kevin Hayden's rights and obligations as a
The Commissioner is thus of the opinion that the use of Kevin Hayden's name
on the order, was merely a clerical error by the Administrator, and is thus
not material to the Administrator's finding below.
The Commissioner is additionally of the opinion that the tenants'
contention on appeal that "other information submitted by the landlord may
also be incorrect" is speculative. Moreover, the tenant has failed to
document this allegation.
DOCKET NO.: DK 120370-RT
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations, it is
ORDERED, that this petition for administrative review be, and the same
hereby is, denied, and, that the order of the Rent Administrator be and the
same hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner