Docket Number: FE-420314-RT
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.: FE 420314-RT
MATTHEW KEYES, DRO DOCKET NO.: BL 422848-BR
PREMISES: 400 East 52 Street
PETITIONER : Apt. No. 1-I
------------------------------------X New York, N.Y.
ORDER AND OPINION REVOKING COMMISSIONER'S ORDER OF DISMISSAL
AND REJECTING THE PETITION FOR ADMINISTRATIVE REVIEW
On May 22, 1991, the above-named petitioner-tenant filed a Petition
for Administrative Review of an order issued on April 19, 1991, by
the Rent Administrator of the District Rent Office located at Gertz
Plaza, Jamaica, NY.
On June 12, 1991, the Commissioner issued an Order and Opinion
dismissing the proceeding as not being filed within 35 days as set
forth in Operational Bulletin 84-1.
Following the issuance of the order, by letter undated, the
petitioner-tenant, requested that the Dismissal Order be reviewed
and the Petition reconsidered. The petitioner-tenant contended that
the petition was timely in that it was filed within thirty five
days. A review of the Division records discloses that the petition
was filed on May 22, 1991.
It is noted that the petition contains procedural defects in that it
fails to set forth the names and address of the owner affected by
the petition, and fails to include a copy of the order being
Based on the above, it is the opinion of the Commissioner that the
filing of the Petition for Administrative Review by the owner
complies with the thirty-five (35) day filing requirement of
Operation Bulletin 84-1.
Pursuant to Operational Bulletin 84-1, the Commissioner may review
an order where the order was the result of irregularity in vital
matters such as, in this instance, the timely filing of the tenant's
petition for Administrative Review.
Based on the foregoing, this order is issued pursuant to Operational
Bulletin 84-1 based on an irregularity in vital matters in that the
petitioner-tenant timely filed its petition for Administrative
Review. Said order revokes the June 12, 1991, dismissal order.
However, the petition under Docket Number FE 420314-RT, is hereby
rejected pursuant to Operational Bulletin 84-1, since it fails to
set forth the names and address of the owner affected by the
Docket Number: FE-420314-RT
petition, and fails to include a copy of the order being appealed.
THEREFORE, in accordance with the provisions of Chapter 403, Laws of
1983, as amended by Chapter 102, Laws of 1984, as implemented by
Operational Bulletin 84-1, it is
ORDERED, that the petition is hereby rejected, without prejudice to
the right of the Petitioner to refile properly within thirty-five
(35) days from the date of this notice.
NOTE: Should the Petitioner refile the petition, the papers must
include a copy of the Rent Administrator's Order and must reference
the docket number of this order and opinion rejecting the Petition
for Administrative Review.
PLEASE TAKE NOTICE that should you fail to fully comply with all
requirements for a proper administrative appeal, within the
specified time limit, there will be no further opportunity of
refile. A late refiling or one that does not meet all procedural
requirements may be dismissed with prejudice.
The petitioner is hereby cautioned that it shall be insufficient to
attempt to comply with this order by resubmitting a copy of the
petition which has been rejected. A new filing is required and
failure to so refile in compliance with all procedural requirements
within 35 days may result in a dismissal of the proceeding.
Should Petitioner be unable to correct the procedural defect(s)
indicated herein above within the 35 days refiling period, the
Petitioner must nevertheless refile within the stated 35 days,
setting forth the reason why the defect(s) could not be cured as of
the time of refiling and request an extension of time within to
perfect the appeal.