ED 210370 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
----------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ED 210370-RO
CAROLYN KRANTZ DRO DOCKET NO.: CL 210468-S
(for EPIC REALTY CO.),
PREMISES: 2245 E. 19 St.,#4G
PETITIONER Brooklyn, New York
----------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW;
REVOKING THE ADMINISTRATOR'S ORDER AND REMANDING THE
PROCEEDING TO THE ADMINISTRATOR FOR FURTHER PROCESSING
The above-named owner timely refiled a Petition for Administrative
Review of an order issued concerning the housing accommodations
relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment.
The owner did not interpose an answer to the tenant's complaint.
Thereafter an inspection of the subject apartment was conducted by
a D.H.C.R. inspector who confirmed the existence of defective
conditions.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In the petition, the owner states, in substance, that the first
notification of an action bearing the docket number of the
proceeding below was made when the order reducing the rent was
received. The owner goes on to state, in substance, that had it
been afforded due process, all legitimate repairs would have been
completed, thus obviating the Administrator's decision.
The tenant, in his answer to the owner's petition, states, in
substance, that he sent two letters to the owner explaining the
defective conditions prior to commencing the proceeding below.
The tenant goes on to state that both letters were not returned as
undeliverable nor did the owner respond to said letters.
ED 210370 RO
After careful consideration, the Commissioner is of the opinion
that the petition be granted; the Administrator's order be
revoked, and the proceeding remanded to the Administrator for
further processing.
A review of the record below discloses that the complaint was not
properly served upon the registered owner, as required by the
Code, in that the notice of the complaint was improperly
addressed. As such, the Commissioner finds that the owner's right
to due process was violated.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted,
the Administrator's order is revoked, and the proceeding is
remanded to the Administrator for further processing consistent
with this order.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
