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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BI230135RO
:
50 LINCOLN ROAD ASSOCIATES RENT ADMINISTRATOR'S
DOCKET NO.: KCS000785OM
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above name petitioner-owner filed an administrative appeal
against an order issued on April 20, 1987 by the Rent Administrator
(Gertz Plaza, Jamaica, New York) concerning the housing
accommodations known as 50 Lincoln Road, Brooklyn, New York,
various apartments, wherein the Administrator granted in part the
owner's major capital improvement (MCI) rent increase application
based on the installation of adequate plumbing and aluminum
replacement windows. The Administrator denied the owner a rent
increase for elevator modernization.
On appeal, the owner states, in substance, that the subject order's
effective date (October 1, 1986) is incorrect as the owner did not
receive the tenant notification package from the agency with
instructions to serve a copy of the application (and other
documents) on all tenants until July 22, 1986, but its MCI
application was filed in August 1985.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
At the outset, the Commissioner notes that the owner initially
filed an incomplete application with the Division with respect to
the plumbing installation as the necessary governmental approval
was not enclosed, and was not submitted to the Division until
several months later. In accordance with the screening and
docketing process then effect, the Commissioner finds that the
increase was properly made effective for rent stabilized apartments
on October 1, 1986, the first rental payment date 30 days after
completion of the filing of the application by service of notice of
same on the affected tenants (Accord: CG430038RO). In this
connection, the Commissioner notes that a rent reduction order for
stabilized apartments is made effective on the the first rent
payment date 30 days after the owner is served with a copy of the
reduction complaint. In a similar vein, a rent restoration order
is effective the first rent payment date 30 days after the tenants
are served with a copy of the owner's restoration application.
ADMIN. REVIEW DOCKET NO.: BI230135RO
The order herein does not constitute a determination as to whether
or not proper service of the MCI application on the tenants was
effectuated by the owner.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, and the Rent and Eviction Regulations
for the City of New York, it is
ORDERED, that this administrative appeal be, and the same hereby
is, denied.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
