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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.: FL 210120-RT
FL 210370-RT
VARIOUS TENANTS OF 255 BERGEN GA 210117-RT
STREET BROOKLYN, NY GA 210454-RT
PETITIONERS :
------------------------------------X RENT ADMINISTRATOR'S
DOCKET NO.: CJ 230114-OM
ORDER AND OPINION REMANDING PETITIONS FOR ADMINISTRATIVE REVIEW
On various dates, the above named petitioner-tenants timely refiled
petitions for administrative review (PAR) against an order issued on
October 28, 1991 by a Rent Administrator (Gertz Plaza) concerning the
housing accommodations known as 255 Bergen Street, Brooklyn, New York,
various apartments, wherein the Rent Administrator determined that the
owner was entitled to a rent increase based on the installation of a major
capital improvement (MCI).
The Commissioner deems it appropriate to consolidate these petitions for
disposition since they pertain to the same order and involve common issues
of law and fact.
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 this administrative appeal.
The owner commenced this proceeding on October 21, 1988, by initially
filing an application for a rent increase based on the installation of the
following items at a total cost of $72,247.00: apartment windows, entrance
doors, pointing and waterproofing, intercom and new roof.
Thirteen tenants of the subject 15 family dwelling responded to the owner's
MCI application by requesting an extension of 15 days to review the
application.
On October 28, 1991, the Rent Administrator issued the order here under
review finding that the installations qualified as an MCI, determining that
the application complied with the relevant laws and regulations based upon
the supporting documentation submitted by the owner, and authorizing rent
increases for rent controlled and rent stabilized tenants.
In these petitions identically worded petitions the tenants contend, in
substance, that the owner's costs are questionable; and that various
defects exist with respect to the installations.
The Commissioner is of the opinion that this proceeding should be remanded
to the Rent Administrator for further processing.
ADMIN. REVIEW DOCKET NO.: FL 210120-RT, et al.
The record discloses that the tenants in this proceeding requested an
opportunity to examine the file before the Administrator and there is no
evidence that this request was ever acceded to. In view of the fact that
there may have been a denial of due process, the Commissioner deems it
appropriate to remand this proceeding to the Administrator for such further
processing as may be deemed necessary, including affording the tenants the
opportunity to review the record herein and giving consideration to such
allegations as may be raised upon the remand.
THEREFORE, in accordance with applicable provisions of the Rent
Stabilization Law and Code, the Rent and Eviction Regulations for the City
of New York, it is
ORDERED, that these petitions be, and the same hereby are granted to the
extent of remanding this proceeding to the Rent Administrator for further
processing in accordance with this order and opinion. The order and
determination of the Administrator remains in full force and effect until
a new order is issued upon remand.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
