DOCKET NO.: AI 410181-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. AI 410181-RO
: DISTRICT ADMINISTRATOR'S
SUM-MUY ENG, DOCKET NO. 2AD 40111
: PREMISES: 149 WEST 13TH STREET
PETITIONER APT. 3F
-------------------------------------X NEW YORK, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued concerning the housing accommodations
described above.
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.
In the order under appeal herein, the Administrator fixed the maximum
rent of the subject apartment at $230.96 per month effective January
1, 9185. The Administrator found that the owner had "failed to submit
additional evidence requested to substantiate cost."
On appeal, the owner submitted additional documentation of expenses.
The Commissioner is of the opinion that the petition should be denied.
The evidence submitted by the owner on appeal was not submitted to the
Administrator, although it was available. As such, the Commissioner
will not consider such evidence when submitted for the first time on
appeal.
The Commissioner notes that on appeal, the owner did not challenge the
administrator's determination of the $230.96 maximum rent; nor did the
owner question the Administrator's need for additional evidence of
expenses incurred by the owner.
An Administrator's order is a determination of fact, and an
application of the appropriate rent regulations to those facts. It is
not a request for additional information.
THEREFORE, in accordance with the provisions of the Rent Stabilization
Code, it is
ORDERED, that this petition for administrative review be, and the same
DOCKET NO.: AI 410181-RO
hereby is, denied, and, that the order of the Rent Administrator be
and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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