GA 110335 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. GA 110335 RO
: DISTRICT RENT OFFICE
Mohammad A. Malik, DOCKET NO. CI 110223 RV
TENANT: Roberto Montoya
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On February 5, 1992, the above-named owner timely refiled a Petition for
Administrative Review ("PAR") against an order issued on October 25,
1991, by a Rent Administrator concerning the housing accommodations
known as 84-11 Elmhurst Avenue, Elmhurst, New York, Apartment No. 6G,
wherein the Administrator had directed the owner to renew the tenant's
lease.
After filing this PAR, the owner filed a petition with the Supreme Court
under Article 78 of the Civil Practice Law and Rules, requesting that
the "deemed denial" of his PAR be reversed. Pursuant to the Article-78
petition, this matter has been remitted to the DHCR for expeditious
determination of the administrative appeal.
This proceeding originated with the tenant's Complaint of Owner's
Failure to Renew Lease and/or Failure to Furnish a Copy of a Signed
Lease, filed on September 26, 1988. That complaint stated that the
owner had refused to give the tenant a renewal lease, and also, that the
owner had failed to furnish the tenant with a signed copy of the
tenant's renewal lease. The owner replied a month later, but that reply
pertained, apparently through inadvertence, to the tenant of an
apartment not involved in this proceeding.
In December of 1990 the Administrator wrote to the tenant, asking if his
complaint had been resolved. The letter requested the tenant to
"restrict your comments to the original complaint only." The response,
to the effect that the matter was unresolved, was accompanied by copies
of two versions of a Notice of Non-Renewal of Lease and Termination of
Tenancy, dated December 26 and December 30, 1989, addressed by the owner
to the tenant. The Administrator then requested inter alia a copy of
the tenant's "last, expired lease." In response the tenant submitted,
in April, 1991, a copy of a renewal lease for the two years that had
commenced on May 1, 1988, and copies of rental checks covering inter
alia the 1990 portion of that term, stating that the issue of non-
renewal was unresolved.
The ensuing order, here appealed, states in pertinent part: that on
September 26, 1988, the tenant complained "that the owner [had] failed
GA 110335 RO
to furnish a signed copy of the renewal lease"; that due to the owner's
failure to interpose answers, the tenant's allegations will be deemed
admitted; that the period from May 1, 1986 through April 30, 1990, was
covered by two renewal leases between the parties; that "[s]ubsequently,
evidence indicates that the owner filed [sic] to offer tenant a renewal
lease and that the tenant [has] remained in occupancy . . . to present
. . . as a month-to-month tenant"; and that "[t]herefore" the owner is
directed to offer a renewal lease.
In this petition the owner states in substance that the Rent
Administrator's order recites that the complaint was filed in September
1988, but also that there was a two-year lease that had commenced on May
1 of that year. Therefore, the owner contends that when the complaint
was filed, "the parties were already four months into a new lease and .
. . well over a year from the time [the owner] would have been obligated
to offer a renewal lease. Accordingly . . . the complaint should have
been dismissed."
The record contains no response by the tenant to the petition.
Having carefully considered the record, the Commissioner is of the
opinion that this petition should be granted, for the reason stated by
the owner. It is clear from the record that when the tenant filed the
complaint herein, its material allegations were untrue. (And the
tenant's later submissions should have pertained, as noted supra, only
to "the original complaint.")
(If the complaint were to be viewed as one for failure to furnish a copy
of the lease, such a copy had obviously been furnished at some point
before the tenant submitted same, as mentioned above, in April of 1991.
Moreover, the Administrator granted no relief in this area and the
tenant has not appealed that determination.)
This order is issued without prejudice to any complaint the tenant may
file concerning failure to renew leases after April 30, 1990, if the
owner does not pursue and/or prevail in its court action to recover
possession of the subject apartment for owner occupancy.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted, and
that Rent Administrator's order be, and the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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