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.: FE110220RO
M & G REALTY CO. RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING PROCEEDING TO RENT ADMINISTRATOR
On May 2, 1991 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued April 12, 1991. The order concerned housing
accommodations known as Apt 5H located at 34-57 73rd Street. The
Administrator directed restoration of services and ordered a
reduction of the stabilized rent.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on January 22, 1991 by
filing a Statement of Complaint of Decrease in Services wherein she
alleged, in sum, that the owner was not maintaining certain
The complaint was served on the owner listed by the tenant in
the complaint, M & G Realty Co. c/o Nick Melissinos 34-57 73rd
Street, Apt. 6B, Jackson Heights, N.Y. No response was received.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March 18, 1991 and
revealed that the owner was not maintaining certain required
The Administrator issued the order here under review on April
12, 1991 and ordered a rent reduction of an amount equal to the
most recent guideline adjustment.
On appeal the owner, as represented by counsel, states, among
other things, that the complaint was never properly served on it.
The petition was served on the tenant on May 29, 1991.
The tenant filed a response on June 3, 1991 wherein she took
issue with the owner's procedural and substantive arguments on
appeal and requested that the order here under review by affirmed.
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 should be revoked and the proceeding
should be remanded to the Administrator.
A review of DHCR records confirms the owner's allegation that
the instant complaint was not served on the registered owner. The
records state that the registered address for M & G Realty Co. is
24-12 21st Street, Astoria, N.Y. Pursuant to Section 2527.3(c) of
the Rent Stabilization Code, the Administrator was required to
serve the complaint on the owner named in the registration
statement on file with the agency as well as the person named in
the complaint. The order here under review is, therefore, revoked.
This proceeding is remanded to the Administrator so that the
complaint may be served on the registered owner and that owner may
be afforded an opportunity to comment thereon.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
granted, that the Rent Administrator's order be, and the same
hereby is, revoked, and that this proceeding be, and the same
hereby is, remanded to the Administrator for further processing
consistent with this order and opinion. If arrears are due and
owing the owner based on this determination of the Commissioner,
the tenant may pay off said arrears in twelve equal monthly
installments. Should the tenant vacate the apartment or have
previously vacated, the arrears are payable immediately.
JOSEPH A. D'AGOSTA