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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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RENT ADMINISTRATOR'S
46 EAST FIRST STREET ASSOCIATES/ DOCKET NO.:
JONATHAN D. GOLBY, FA 310544-S
PREMISES:
46 East First St.,
PETITIONER Apt. 6-C, New York, NY
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ORDER AND OPINION REMANDING PROCEEDING TO ADMINISTRATOR
The above-named owner filed a timely Petition for Administrative
Review of an order issued on August 15, 1991, concerning the
housing accommodations relating to the above-described docket
number, wherein the Administrator established the legal regulated
rent for the subject apartment at $1.00 per month, effective
April 2, 1990, the date a fire caused the tenant to vacate
involuntarily.
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 January 28, 1991 by
filing a complaint asserting that because of an April 2, 1990
fire, the subject apartment was uninhabitable, having no windows
or electricity and that she was forced to live at another
address. The complaint was mailed to "Paul Balme 46 E. 1st St.
Assoc. 10 Nathsa Dgolby, 275 Madison Avenue, New York, NY 10016"
and was returned by the Post Office marked "Unknown".
The Administrator's file shows no owner's response to the ten-
ant's complaint.
Thereafter, a physical inspection of the subject apartment was
conducted on June 25, 1991 by a Division of Housing and Community
Renewal (DHCR) staff member who reported that the apartment was
totally damaged on April 2, 1990 by fire.
The Administrator established the legal regulated rent at $1.00
per month effective April 2, 1990, the date of the fire which
caused the tenant to vacate involuntarily.
FI 410199-RO
In this petition, the owner's attorney (Jonathan D. Golb ) con-
tends in substance that neither he nor the owner received the
tenant's complaint and that the tenant caused the fire.
After careful consideration, the Commissioner is of the opinion
that the proceeding should be remanded to the Administrator in
accordance with this Order and Opinion.
The record reveals that the transmittal of the tenant's complaint
was improperly addressed and returned y the Post Office con-
firming the petitioner's statement that the owner had no notice
of the proceeding. The Division records also reveal that the
complaint was not sent to the registered owner of the premises as
required by Section 2527.3 of the Rent Stabilization Code.
Moreover, the complaint and order were sent (incorrectly
addressed) to the attorney for the owner when no notice of
appearance had been filed by said attorney.
Based upon these errors, the proceeding must be remanded to the
Administrator for the purpose of serving the registered owner
with the complaint, affording the owner an opportunity to
respond, and giving due consideration to such answer. However,
since the agency's inspection confirmed that the subject apart-
ment is uninhabitable because of fire damage, the Administrator's
order establishing the rent at $1.00 per month remains in full
force and effect until a new order is issued pursuant to the
remand.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this petition be, and the same hereby is, granted
to the extent of remanding this proceeding to t e Rent Adminis-
trator for further processing in accordance with this Order and
Opinion. The automatic stay of so much of the Administrator's
order as directed a retroactive rent abatement is hereby con-
tinued until a new order is issued on remand. However, the
Administrator's establishment of the rent at $1.00 per month is
not stayed and remains in effect until the Administrator issues a
new order upon remand.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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