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.: HB610100RO
HILLSIDE ASSOCIATES RENT ADMINISTRATOR'S
DOCKET NO.: EJ610013S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW AND
REVOKING RENT ADMINISTRATOR'S ORDER
On February 12, 1993 the above-named petitioner-owner filed a
petition for administrative review against an order issued on
January 12, 1993 by a Rent Administrator concerning the housing
accommodation known as Apartment #1B, 3488 Seymour Avenue, Bronx,
New York wherein the Administrator determined that certain services
were not being maintained, directed restoration of such services
and ordered a rent reduction.
The Commissioner had reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
A review of the evidence of record reveals that the subject
building is not subject to regulation pursuant to the Rent
Stabilization Law & Code and the Rent Administrator was without
authority to issue the appealed order.
In filing the complaint, the tenant did not indicate that the
apartment is regulated by Rent Stabilization, ETPA, Rent Control,
or Hotel Regulation.
In answer to the complaint and again in the petition it is asserted
that the building is a Mitchell-Lama Housing Development, not
subject to stabilization.
The Commissioner has confirmed that at the time the Rent
Administrator's order was issued, the subject building was a
Mitchell-Lama Housing Development and not subject to the Rent
Stabilization Law & Code. The matter is, however being referred to
the appropraite unit of DHCR respsonsible for Mitchell Lama
THEREFORE, it is
ORDERED, that the petition for administrative review be and the
same hereby is granted, and the Rent Administrator's order be and
the same hereby is revoked.
JOSEPH A. D'AGOSTA