ORDER AND OPINION Pg. 2
ORDER REOPENING ADMINISTRATIVE REVIEW ORDER AND OPINION NO. FH110093RO
ADMINISTRATIVE REVIEW DOCKET NO.: FH110093RO
RENT ADMINISTRATOR'S DOCKET NO.: CI130144B
PETITIONER: Grenadier Realty Corp.
ADDRESS OF HOUSING 254-26 74th Avenue, Apt. 2
ACCOMMODATION: Queens, New York 11004
NAME AND MAILING ADDRESS NAME AND MAILING ADDRESS
OF OWNER: Grenadier Realty Corp. OF TENANTS:
70-33 260th Street Carole Oberhaus
Glen Oaks, New York 254-26 74th Ave., Apt. 2
Att: Carol Kelly Glen Oaks, NY
On September 13, 1991, the Commissioner issued an order dismissing for untimeliness, the
administrative appeal filed by the owner on August 2, 1991, appealing an order issued by
the Rent Administrator on May 5, 1991.
Thereafter, the petitioner contacted the Division to protest the dismissal, insisting that
the owner had been granted permission to file an administrative appeal at a non-compliance
hearing held on July 18, 1991, based on the owner's representation to the Administrative
Law Judge (ALJ) that the owner had never been served with the underlying order until a copy
of it was received with the Compliance Bureau Notice of Hearing dated June 28, 1991.
The owner also filed a petition in the Supreme Court pursuant to Article 78 of the Civil
Practice Laws and Rules, challenging the dismissal of the administrative appeal as late,
making similar arguments. The Court's decision remanded the proceedings to the Division
to afford the agency an opportunity to resolve the issues raised.
The tape recording of the administrative hearing discloses that, immediately after an off
the record conversation, the issue of service of papers was raised for the first time by
the owner's attorney. After a brief discussion on the record, the ALJ indicated that the
Compliance Unit Attorney was not prepared to prove service of papers at that time, and
therefore adjourned the proceeding, with a recommendation to the owner to file an
administrative appeal raising the question of lack of jurisdiction. The owner proceeded
to file a PAR with the Division, which was dismissed on September 13, 1991, for
Subsequently, on November 19, 1992, the Compliance Bureau moved to withdraw all charges
without prejudice. A Commissioner's order issued on December 22, 1992, granting the
Compliance Bureau's motion to withdraw.
ORDER AND OPINION Pg. 2
In the administrative appeal, the owner stated, in pertinent part, that the owner never
received notices of the proceedings below, and that the Compliance Bureau's Notice of
Hearing was the first time the owner was advised whatsoever with respect to the services
An examination of the case docket below reveals several notices properly addressed to the
owner. The record includes a copy of the notice and transmittal form (for the tenant's
complaint) dated October 28, 1988, to the owner's Managing Agent. The record also contains
a copy of the Administrator's May 5, 1989 order. There is no indication that these
documents were returned by the United States Postal Service.
However, the transmittal sheet utilized by the DHCR mail clerk to record the parties to
whom the order was addressed is not available. Also, the Supervising Rent Examiner for the
case docket is no longer with the agency. Therefore, it cannot be confirmed from records
whether the normal procedures for issuing orders were followed in the underlying services
Upon reviewing the record, the Commissioner finds that the administrative review
proceedings should be reopened for further consideration.
Accordingly, the matter will be reconsidered on the basis of the original Petition for
Administrative Review, and relevant comments in reply thereto.
A copy of the owner's petition is served on the tenant with the instant order to permit the
tenant an opportunity to address substantive matters raised in the owner's appeal.
The tenant is hereby afforded twenty (20) days from the date of this order reopening the
Administrative Reviuew proceeding to respond in writing to the issues raised by the
petition a copy of which is enclosd. The writer's comments should be sent to Alice Ryen,
Esq., Director, Administrative Review Section of Tenant Services Bureau, at the addres
JOSEPH A. D'AGOSTA
By: Alice Ryen,
Director PAR Unit
cc: Geoffrey R. Mazel, Esq.
c/o Ross, Suchoff, Taraff & Hankin, P.C.