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.: CK 630128-RO; SJR 5637
:
DRO DOCKET NO.: AK 630203-OM
PARKOFF BAINBRIDGE
ASSOC. PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING TO ADMINISTRATOR
On November 21, 1988 the above named petitioner-owner filed a Petition for
Administrative Review against an order of the Rent Administrator issued
October 18, 1988. The order concerned housing accommodations located at
2705 Bainbridge Avenue, Bronx, New York. The Administrator denied
petitioner's application for a building-wide rent increase.
The Commissioner has reviewed the record and carefully considered that
portion relevant to the issues raised by this administrative appeal.
The owner commenced the proceeding on November 11, 1986, by filing an
application for rent increase due to the installation of major capital
improvements to wit-new roof, elevator, burner/boiler and windows. On
April 19, 1982 the owner certified that each tenant had been served with a
copy of the application and had been afforded an opportunity to respond
On October 15, 1987 the Administrator set a notice to the petitioner
requesting the following additional data to process the application:
- signatures on the contractor's statement with dates of
completion
- the total square footage of the roof and the square footage of
the area replaced
- the total number of windows in the building and the number
replaced. Balance of cancelled checks
- approvals for burner/burner and additional cancelled checks
- cancelled checks and approval for elevator
On October 30, 1987 petitioner requested an extension of time to provide
the information. That extension was granted and on December 11, 1987, the
owner submitted copies of letters it had sent to the various vendors
demanding signatures and other information. Another request for
information was sent tot he owner on April 15, 1988 to which the owner
DOCKET NUMBER: CK 630128-RO
responded on May 18, 1988 that it was ready, willing, and able to simply
but had experienced a change in personnel and needed another extension of
time.
On October 18, 1988 the Administrator issued the order herein appealed him
and denied the application, citing the owner's failure to submit necessary
information and material, in its petition the owner seeks reversal of the
Administrator's order, stating that when the application was filed in late
November 1986 the proper cancelled checks and bills were submitted, that
service of the application material on the tenants was not completed until
April 1987, that almost seven months passed until the first notice for
production of additional information, described above was sent, and that
personnel changes in the owner's company forced a late response to the
notice.
Petitioner argues that a review of the application by the Administrator
would have provided the necessary information regarding the number of
windows installed and the square footage of the replaced portion of the
roof. Petitioner contacted the contractor for the balance of the
information required by the Administrator. Difficulty in obtaining the
material from the contractor delayed a full and complete submission until
the June 28 and July 11, 1988. The owner included with the petition
copies of letters addressed to the Administrator, dated June 28 and July
11, 1988, transmitting the requested documents including cancelled checks,
signed contractor's statements, and all necessary approvals and permits.
The owner also enclosed copies of two receipts for certified mail sent to
the Administrator on June 28 and July 11, 1988.
After careful consideration of the evidence in the record the Commissioner
is of the opinion that this proceeding should be remanded to the
Administrator for further processing.
The owner has adequately established that it did comply with all the
Administrator's requests for information (some of which was indeed readily
available in the owner's application) well before the order was issued,
but for whatever reason the submissions made on June 28 and July 11, 1988
by certified mail never reached the appropriate file.
Accordingly, the Commissioner finds that this matter must be remanded to
the Administrator for the purpose of processing the owner's application
and, if warranted, ordering appropriate rent increases for rent controlled
and rent stabilized tenants.
THEREFORE, pursuant to the Rent Stabilization Law and Code and Rent and
Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted to the
extent of remanding this proceeding to the Rent Administrator for further
processing consistent with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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