Docket No. BF 410418-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.: BF 410418-RO
DRO DOCKET NO.:
AG 520076-OI
Premises: 264 W. 19th ST.
Stamra, Inc./D.P.Fogarty #31, New York
PETITIONER New York
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ORDER AND OPINION REMANDING PROCEEDINGS TO RENT ADMINISTRATOR
The above-named owner 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.
The owner commenced this proceeding by filing an Application
for increase of Maximum Rent with the Administrator, based on
alleged improvements it made to the subject apartment.
The Administrator requested a copy of the cancelled check
from the owner, as evidence for the expenditure claimed above.
Approximately one month later, the Administrator issued an
Order denying the owner's application, based on the owner's
failure to serve the Administrator with a copy of the cancelled
check.
In its petition for administrative review the owner claims
that it did serve the Administrator with a copy of the cancelled
check. Included with its petition is a copy of a cover letter
advising the Administrator that the owner is enclosing a copy of
the cancelled check. Said letter was stamped by a DHCR date
stamp, said date indicating timely submission by the owner.
Based on the evidence above, the Commissioner is of the
opinion that this proceeding should be remanded to the
Administrator. The Commissioner feels that the owner has
presented convincing evidence that the information requested by
the administrator was presented by the owner before the
Administrator on a timely basis.
THEREFORE in accordance with the provisions of the Rent and
Eviction Regulations, it is.
ORDERED that this proceeding be and the same hereby is
remanded to the Administrator below for reconsideration on its
merits.
Docket No. BF 410418-RO
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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