STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: BF230395RO
Tat Man Lee,
PETITIONER DOCKET NO: AA200112OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 6, 1987, the petitioner-owner timely filed an
administrative appeal against an order issued on May 4, 1987 by a
Rent Administrator, 92 -31 Union Hall Street, Jamaica, New York
concerning housing accommodations known as 1266 54th Street,
Brooklyn, New York, various apartments, wherein the District Rent
Administrator denied the owner's application.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the Petition for Administrative Review.
The owner commenced this proceeding on January 9, 1986, by
initially filing an application for a rent increase based on the
installation of a new oil burner, water heater, and sidewalk at a
total cost of $7,600.00.
The order of the Rent Administrator appealed herein denied the
owner's application based on the owner's failure to respond to
notices dated August 28, 1986 and November 26, 1986.
On appeal, the petitioner-owner states, in substance, that he has
submitted information for the oil burner and the gas water heater,
but did not respond timely because he was uncertain as to what
information was required. The owner further states that he was not
aware that the installation of a new sidewalk does not constitute
a major capital improvement and he is therefore withdrawing that
portion of his application.
After a careful consideration of the entire record, the
Commissioner is of the opinion that this petition should be denied.
Adm. Rev. Docket No. BF230395RO
The file indicates that the owner was afforded an opportunity to
submit the required approvals and proof of payment by notices dated
August 28, 1986 and November 26, 1986, but failed to do so. The
owner responded on December 29, 1986 requesting clarification as to
which items were needed. However, said notices clearly and
specifically stated which approvals were required.
The record in the instant case indicates that the Rent
Administrator properly denied the owner's application based on the
owner's failure to submit necessary supporting documentation
despite repeated agency requests for same.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations 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
JOSEPH A. D'AGOSTA