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.: EH 610211 RO
FIVE BOYS CORP. DISTRICT RENT
NO.: DG 610588 S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
REVOKING RENT ADMINISTRATOR'S ORDER AND REMANDING PROCEEDING
On August 15, 1990 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued July 25, 1990. The order concerned housing
accommodations known as Apt. 2R located at 1150 Grand Concourse,
Bronx, N.Y. wherein the Administrator ordered a rent reduction
due to a finding of decreased services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenants commenced this proceeding on July 25, 1989 by
filing a Statement of Complaint of Decrease in Services wherein
they complained that certain required services were not being
maintained and requested a rent reduction.
A copy of the complaint was served on the owner on August
10, 1989 and an opportunity was given to respond. No answer was
The Administrator ordered a physical inspection of the
premises, which was conducted on June 1, 1990. The inspector
reported the existence of 4 services deficiencies.
On July 25, 1990 the Administrator issued the order here
under review in which the rent was reduced based on the above
report of the inspector. The reduction was effective September
On appeal the owner states the following:
1. No correspondence was ever received with regard to
the proceeding before the Administrator
2. There is a defect in the order here under review
in that said order was issued July 25, 1990 while
stating that the proceeding was initiated July 28,
The owner requests a meeting to discuss "outstanding issues" with
regard to this tenant.
The tenant filed a response to the petition on September 17,
1990, however, said response was not germane to the issues raised
in the petition.
After careful review of the evidence in the record the
Commissioner is of the opinion that the petition should be
granted, the order here under review revoked, and the proceeding
remanded to the Administrator.
The complaint herein was served on Shomer Management Co. 449
Broadway, New York, N.Y. on August 10, 1989. However, at that
time, the registered owner was Five Boys Corp. c/o/ Ralph Langsam
Associates 3550 Jerome Ave. Bronx, N.Y. The owner is correct in
its assertion that proper notice and an opportunity to comment
was not afforded herein. The failure to serve the proper owner
constituted a violation of due process. Accordingly, the
Commissioner revokes the order here under review and remands the
proceeding to the Administrator so that proper notice and an
opportunity to be heard may be afforded.
THEREFORE, pursuant to the Rent Stabilization Law and Code,
ORDERED, that this petition be and the same hereby is,
granted and that the Rent Administrator's order be, and the same
hereby is revoked and it is further
ORDERED, that this proceeding be, and the same hereby is,
remanded to the Rent Administrator for further proceedings
consistent with this Order and Opinion.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner