DOCKET NO.: BG910392RO
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. BG910392RO
: DISTRICT ADMINISTRATOR'S
LOUIS J. PASHMAN, DOCKET NO. WMV85S284353OM
: PREMISES: 651 N. TERRACE AVE.
PETITIONER VARIOUS APTS.
-------------------------------------X MOUNT VERNON, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner commenced the instant proceeding by filing with
the Administrator an Application for a Rent Increase at the subject
premises based on a Major Capital Improvement (MCI) made by the owner.
The Administrator denied the owner's Application, finding that the
owner had not submitted certain information on a timely basis as
requested by the Administrator.
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 issue before the Commissioner is whether the Administrator's order
was correct.
On appeal, the owner submits the information requested by the
Administrator and argues variously that the Administrator is already
in possession of the requested information, and that missing checks in
the submitted information (a schedule of capital improvement expenses)
are merely a small fraction of the total requested MCI amount.
The Commissioner is of the opinion that the petition should be denied.
The owner presented to the Commissioner information that was requested
by the Administrator, but, the record indicates that this information
was available during the District Office proceeding and no
explanantion for its nonsubmission to the Administrator was offered.
The scope of this review is therefore limited to those facts or
evidence which were before the Administrator.
THEREFORE, in accordance with the provisions of the Tenant Protection
Regulations, it is
DOCKET NO.: BG910392RO
ORDERED, that this petition for administrative review 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
Acting Deputy Commissioner
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