ADM. REVIEW DOCKET NO.: GF 130076 RO
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.:
GF 130076 RO
:
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FH 110026 B
ALGIN MANAGEMENT CO
PETITIONER :
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.ORDER AND OPINION GRANTING OWNER'S PETITION FOR ADMINISTRATIVE
REVIEW, REVOKING ADMINISTRATOR'S ORDER AND REMANDING FOR
FURTHER CONSIDERATION
On June 16, 1992, the above named petitioner owner filed a
Petition for Administrative Review (PAR) against an order issued on
May 12, 1992 by the Rent Administrator at Gertz Plaza, Jamaica, New
York, concerning the housing accommodations known as 132-45 Maple
Ave., Flushing, New York, wherein the Administrator determined the
tenants' complaint of a reduction of building wide services.
The challenged order reduced the tenants' rents on the basis
of an inspection conducted on December 12, 1991 that found the
intercom audio to be inoperative.
The tenants had commenced these proceedings by filing a
complaint alleging various service decreases. The tenants'
complaint of inadequate heat and hot water was extracted and
processed separately under Docket Number FH 130020-HW.
On appeal, the owner asserts improper processing of the
complaint allegations under Docket No. FH 110026 B, in violation of
the owner's right to procedural due process, and requests that the
order be revoked.
An examination of the record below fails to disclose that the
owner was served a copy of the building wide complaint. The first
notice to the owner that building wide complaints, other than heat
and hot water, were being processed was in a Notice for Additional
ADM. REVIEW DOCKET NO.: GF 130076 RO
Information and Evidence, issued January 7, 1992. In that notice,
the Administrator advised the owner that a physical inspection
conducted on December 16, 1991 found, in pertinent part, that the
audio component of the intercom system was defective. The notice
also gave the owner the opportunity to submit proof of compliance.
Given the irregularity, in that owner was never formally
served a copy of the complaint under Docket No. FH 110026 B, and a
transmittal notice directing the owner to interpose an answer, the
owner was denied the opportunity to address the allegations in a
timely manner.
Consequently, the rent reduction order must be revoked and the
matter remanded to the Administrator for further processing. On
remand, processing shall be limited to consideration of the
intercom complaint only.
The payment of any arrears due the owner from the tenants as
a result of this order is stayed pending a new determination by the
Administrator on remand.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be granted to the extent of
revoking the Administrator's order and remanding the proceedings to
the Administrator for further consideration.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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