DOCKET NO.: BI420190RO
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. BI420190RO
: DISTRICT RENT ADMINISTRATOR'S
PARK TERRACE GARDENS INC. c/o DOCKET NO. 7MBC00163M
FINKELSTEIN, BORAH, SCHWARTZ, ALTSCHULER: (7MI05683M)
& GOLDSTEIN, P.C., PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative review of
an order issued concerning the housing accommodations known as 65-67 Park
Terrace East, Various Apts., New York, NY.
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 in this proceeding is whether the
Administrator's order was correct.
In the Administrator's order being appealed herein, the Administrator
revoked a previous Order of Eligibility to increase 1986/87 Maximum Base
Rents (MBR). The Administrator found that the owner had failed to meet
violation certification requirements.
On appeal, the owner argues that it was denied due process, in that the
Administrator did not serve the owner with any documentation submitted by
the tenant in the proceeding below. The owner continues that such denial
of due process denied the owner the opportunity to properly respond to the
tenant's argument below.
the Commissioner is of the opinion that this appeal should be denied.
The MBR process is an ex parte process. The Commissioner is of the opinion
that the Administrator's order was specific enough in its language to
inform the owner of the issues raised by the tenants in their Challenge to
the order granting the owner the right to raise the MBR for 1986/87.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations, it is
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
DOCKET NO.: BI420190RO
same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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