DHCR Petition for Administrative Review (PAR) Decisions
In 1994, under pressure from tenant advocates, DHCR released approximately 6,000 PAR decisions. After Governor Pataki took office in 1995, DHCR refused to release other decisions in bulk. These decisions generally cover the 1990-1994 period and in many cases do not reflect current law or DHCR practice. The reader is cautioned to be aware of changes to the Rent Stabilization Law, the Rent Stabilization Code and DHCR practice since 1994. Also this database does not include all decisions prior to 1994 as DHCR intentionally withheld many decisions for unknown reasons.
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Docket Number: FA-410294-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 410294-RO
:
BROADWELL MANAGEMENT CORP., DRO DOCKET NO.: DJ 410515-S
Petitioner :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW;
REVOKING THE ADMINISTRATOR'S ORDER AND REMANDING THE PRO-
CEEDING TO THE ADMINISTRATOR FOR FURTHER PROCESSING
The above-named owner filed a timely petition for administrative review of
an order issued on 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 by filing complaint asserting that
the owner had failed to maintain certain services in the subject
apartment.
The owner failed to interpose an answer.
Thereafter an inspection of the subject apartment was conducted by a
D.H.C.R. inspector who confirmed the existence of defective conditions.
The Rent Administrator directed restoration of these services and further
ordered, a reduction of the maximum legal rent.
In its petition for administrative review, the owner states that it never
received a copy of the tenant's complaint.
After careful consideration, the Commissioner is of the opinion that the
petition be granted; the Administrator's order be revoked, and the
proceeding remanded to the Administrator for further proceeding.
A review of the record discloses that the tenant's complaint was not
served upon the registered owner, in that the street address of the
registered owner was 370 Seventh Avenue/ 7 Penn Plaza and the address used
to mail the complaint was 370 Seventh Avenue/ 2 Penn Plaza.
THEREFORE, in accordance with the Rent Stabilization Law and Code and the
Rent and Eviction Regulations, it is
Docket Number: FA-410294-RO
ORDERED, that this petition be, and the same hereby is, remanded to the
Administrator for further processing consistent with this order.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
The New York State Division of Housing and Community Renewal (DHCR) is the state agency that administers the Rent Stabilization and Rent Control systems. DHCR has jurisdiction over many aspects of the landlord-tenant relationship, including the legal rent, the providing of various services and complaints of landlord harassment. In addition, landlords are able to apply to DHCR for increases in rent based on Major Capital Improvements or for other reasons.
Tenants and Landlords may initiate proceedings by filing complaints or applications with DHCR. After the agency collects evidence from both the tenant and landlord, it renders a decision by the District Rent Administrator (DRA) -- sometimes referred to as the District Rent Office (DRO).
Either party may then appeal the decision at the agency level by filing a Petition for Administrative Review (PAR) within 35 days. A PAR decision -- or sometimes called a Commissioner's Decision -- represents the final decision of the agency before parties may appeal in the state courts.