Docket Number: FA 210185-RO
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.: FA 210185-RO
225 EASTERN PARKWAY ASSOCIATES/ DISTRICT RENT ADMINISTRATOR'S
DAHLIA ALGAVA, DOCKET NO.: DJ 210051-S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 22, 1991, the above-named owner filed a timely petition
for administrative review of an order issued on January 3, 1991,
concerning t e housing accommodations relating to the above-
described docket number, known as 225 Eastern Parkway, Apartment No.
2F, Brooklyn, New York 11238.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced on October 2, 1989 by the tenant
filing a complaint asserting that the prior owner had failed to
maintain services in the subject apartment.
On October 16, 1989, a copy of the tenant's complaint was mailed to
the prior owner requesting an answer by November 11, 1989.
In its answer filed on October 23, 1989, the prior owner asserted
that all required repairs had been or will be completed.
On July 30, 1990, the petitioner-owner purchased the subject
premises from the prior owner; and on August 13, 1990, same filed a
"Report of Change of Identity of Landlord" with DHCR.
Thereafter on November 30, 1990, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed the
existence of defective conditions.
Based on said inspection, the Administrator directed restoration of
these services and further ordered reduction of the stabilized rent.
Said order issued on January 3, 1991 was addressed to the prior
owner, and not to the present petitioner-owner.
In this petition, the owner states in substance that the
Administrator erred (1) in allowing a complaint not personally
signed by the tenant to go forward to DHCR's decision of a rent
reduction order, and (2) in its failure to serve the party named in
the "Change in Identity" form if such a form had been filed.
After careful consideration, the Commissioner is of the opinion that
Docket Number: FA 210185-RO
this petition should be denied.
It is noted that the owner's contention of tenant not signing the
complaint is without basis in the record. The tenant personally
signed its complaint.
The owner's contention that the Administrator erred in not serving
the petitioner-owner named in the duly filed "Change in Identity"
form does not preclude the fact that the owner received timely
notice. The petitioner-owner in purchasing the subject premises
stands in the shoes of the prior owner who was duly notified of the
tenant's original complaint. In addition, although no notices were
sent to the current owner after the filing of a change of identity
forms, the current owner in fact filed a petition for administrative
review nineteen days after the issuance of the Administrator's
order. Obviously, the current owner received timely notice of the
order appealed from, which is based on the inspection finding
decreased services in the subject apartment.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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