Admin. Review Docket No.: ARL 10196 K
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.: ARL 10196 K
JOHN PERIH DRO DOCKET NO.: KC 0019
PETITIONER-
PRIOR-OWNER TENANTS: JOSEPHINE
CIEHALSKI & OLGA
PERCHOROWICH
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE
REVIEW
The above-named petitioner-prior-owner timely filed a Petition for
Administrative Review against an order issued on April 16, 1986 by
the Rent Administrator at Gertz Plaza, Jamaica, New York,
concerning housing accommodations known as Apartments #1L and 2L at
138 Wythe Avenue, Brooklyn, New York, wherein the Administrator
suspended the petitioner's entitlement to collect fuel cost
adjustments for one year for failure to timely file the required
fuel cost information.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the evidence relevant to
the issues raised in the administrative appeal.
The issue in the owner's appeal is whether the owner's ignorance of
the procedure under which he had to file fuel cost information with
the Division is a defense to the penalty imposed by the
Administrator.
The Petition, dated May 7, 1986, is silent as to any basis upon
which the Administrator's order should be modified or reversed.
However, the record contains a note from the petitioner, dated
April 16, 1986, wherein the petitioner refers to the action taken
by the Administrator and states that he did not file for a fuel
decrease because his understanding of the English language was not
very good and therefore he was unable to read in the newspaper that
a form for a fuel decrease had to be filed.
The Commissioner finds that the petitioner has provided no basis
upon which the Administrator's order should be reversed or
Admin. Review Docket No.: ARL 10196 K
modified. The Commissioner finds that it was the owner's
responsibility to keep himself informed as to the reporting
requirements applicable to the business he was engaged in.
The Commissioner notes that the annual registration statements
filed for the subject building for 1987 (and each filed thereafter,
to date) indicate that the petitioner is no longer the owner of the
subject building. Therefore, a copy of this order and opinion is
being served on the currently registered owner, as well as the
petitioner.
Therefore, the Commissioner finds that this Petition should be
denied.
THEREFORE, pursuant to all of the applicable statutes and
regulations, it is
ORDERED, that the Petition be, and the same hereby is denied.
ISSUED:
JOSEPH A D'AGOSTA
Acting Deputy Commissioner
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