DOCKET NO: BK 230304 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.: BK 230304 RO
Aaron Muschel DISTRICT RENT
ADMINISTRATOR'S
DOCKET NO.: AE 230248 OM
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner timely refiled a Petition
for Administrative Review against an order issued on July 31,
1987 by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
NY concerning housing accommodations known as 1180 50th Street,
Brooklyn, New York, various apartments, wherein the Administrator
granted, in part the owner's application (filed May 15, 1986) and
authorized major capital improvement rent increases for both the
controlled and stabilized apartments in the subject premises
based on the building-wide installation of new aluminum
replacement windows at a total approved cost of $16,288.00.
Claimed costs totalling $3,622.00 were disallowed due to the
owner's failure to submit supporting documentation in the form of
cancelled checks, to wit: Angel and Jack Window sales ($757.00),
Window King ($2,865.00) as requested by notices dated July 7,
1986 and April 29, 1987.
In this petition the owner contends, in substance, that a
check for $757.00 was submitted with the application; that the
balance of $2,869.00 was withheld because "odds and ends" were
not completed by the primary contractor, Window King; that said
contractor has since been paid $1,200.00; and that he was under
the impresseion, from the first notice, that the proceeding would
be held in abeyance until proof of final payment was submitted.
After a careful consideration of the entire record, the
Commissioner is of the opinion that this petition should be
denied.
DOCKET NO: BK 230304 RO
The record discloses that the owner was credited with a
partial payment of $757.00. The instant proceeding was pending
before the Rent Administrator for over one year during which time
the owner was afforded an adequate opportunity to provide to the
Administrator proof of payment of the full costs claimed in the
application,including the amount of $2,865.00 concedely not yet
paid. Not only did the owner not respond to the Administrator's
second notice dated April 29, 1987, but the record reveals that
the requisite signed contractor's statement from Angel and Jack
Window Sales, was not submitted with the application.
Accordingly, the Administrator properly disallowed a portion of
the claimed costs due to the owner's failure to substantiate
same.
THEREFORE, in accordance with the provision of the Rent
Stabilization Code and the Rent and Eviction Regulation for New
York City, it is
ORDERED, that this petition be, and the same hereby is
denied, and that the order of the Rent Administrator be, and the
same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
DOCKET NO: BK 230304 RO
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