FG530299RO
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.:
FG530299RO
SUSAN WEINSTEIN,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER USC001514B
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 24, 1991, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on July 12,
1991, by the Rent Administrator, concerning the housing accommoda-
tion known as 560 West 163rd Street, various apartments, New York,
New York, wherein the Administrator directed restoration of
services and further ordered a reduction of the maximum legal rent.
The Commissioner has reviewed all of 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 by the filing of a complaint of
decrease in services. Inspections conducted by Division employees
confirmed the existence of some of the complained of conditions
resulting in an order directing restoration of the services and
reducing the legal rent for rent controlled and rent stabilized
tenants. Thereafter, on July 12, 1991, the Administrator issued an
amended order adding the name of one tenant to the list of rent
controlled tenants covered by the order. All other aspects of the
order remained unchanged.
In the PAR, the owner contends that the order was served on HSC
Management which has no association with the building, that the
correct owner was not served but got a copy of the order from a
tenant. The owner further states that the Administrator's order
should be revised on the basis that orders restoring the rent have
already been issued and, therefore, the Division has made an error.
FG530299RO
The Commissioner is of the opinion that the petition should be
denied.
Section 2209.1 of the Rent and Eviction Regulations, applicable
here, requires that service be made on the person named as the
owner on the last filed registration statement. Notice served in
this manner shall constitute notice to the person who is then the
owner.
The record reflects that the original order and the amended order
were sent to the owner as designated in the complaint, but that
neither order was served on the then registered owner. Conse-
quently, the time to object to the contents of the original rent
reduction order never began to run and the objections to the merits
of that order expressed by the petitioner herein are therefore
timely. Nevertheless, the owner's PAR is denied on the basis that
the petitioner presents no evidence that the Administrator's order
was incorrect. That rents were partially or fully restored at a
later date is no evidence of the conditions existing on the day the
order was issued.
The Commissioner therefore finds that the Administrator was correct
to rely on the reports of inspection and there is no evidence pre-
sented to refute the findings of the Division's inspectors.
The Commissioner notes that when the amended rent reduction order
was issued on July 12, 1991, the rent had already been restored by
two rent restoration orders issued on March 17, 1988 and October
14, 1988. The July 12, 1991 order retained the effective date of
the original reduction order and does not supersede or otherwise
affect these rent restoration orders.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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