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.:
STEVE KAUFMAN, RENT ADMINISTRATOR'S
PREMISES: 1751 67th St.,
PETITIONER Apt. E-6, Brooklyn, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued on June 19, 1992 concerning the housing
accommodations relating to the above-described docket number.
The issue in this appeal is whether the Administrator's order was
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
This proceeding was commenced on October 30, 1991 by a rent-control
tenant who filed a complaint, asserting that the New York City Fire
Department and the New York City Buildings Department had issued
an order for him to vacate on October 8, 1991 due to a dangerous
condition within his apartment; and that he would return to the
apartment when the vacate order has been rescinded.
The Division mailed to the owner on November 14, 1991 a copy of the
The tenant filed on February 20, 1992 a notice to the Division,
stating that the "construction is still in progress and the
dangerous condition is still in effect".
On March 4, 1992, the Division sent the tenant a request for addi-
tional information: 1) to clarify the dangerous condition in the
apartment as stated in the tenant's complaint; and 2) to confirm
whether the owner has remedied the dangerous condition.
On March 11, 1992, the Division sent the tenant another request to
provide a copy of a vacate order issued by the New York City Fire
Department and to clarify what dangerous condition exists in the
On May 5, 1992, the Division sent the tenant a third request on the
The Administrator terminated the proceeding because the tenant had
failed to submit information/evidence necessary to process the
In the petition for administrative review, the tenant contends in
substance that he "submitted all information requested of me per-
taining to this order". The tenant's petition has no attachment or
documentation to substantiate his contention.
On July 30, 1992, the Division mailed a copy of the tenant's
petition on the owner.
The Commissioner is of the opinion that the petition should be
denied and that the Administrator's order should be affirmed.
The record clearly shows that the tenant was informed three times
in the proceeding below to clarify the "dangerous condition" and to
submit pertinent documentation thereof. The tenant, however, failed
to comply with the Division's requests. In addition, the tenant
submitted no evidence to support his contention in the petition.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
ORDERED, that this petition be, and the same hereby is, denied and
that the Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA