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.: CA230350RO
:
RENT ADMINISTRATOR'S
GENOWEFA BORYSEWICZ DOCKET NO.: AD230250OM
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-owner filed a Petition for
Administrative Review against an order issued on November 5, 1987
by the Rent Administrator, (Gertz Plaza) concerning the housing
accommodations known as 149 Norman Avenue, Brooklyn, New York,
various apartments, wherein the Administrator denied the owner's
major capital improvement (MCI) rent increase application because
the owner had failed to properly substantiate the claimed cost of
the installation.
On appeal, the petitioner-owner contends, in substance, that the
rent increase should be granted as all payments were made to the
contractor. In support of its petition, the owner submits copies
of two cancelled checks totalling $1550.00, and a statement from
the contractor.
After careful consideration of the entire record, the Commissioner
is of the opinion that this petition should be denied.
The evidence of record in the instant case discloses that evidence
submitted by the owner on appeal completely contradicts the
evidence submitted to the Rent Administrator in the original
proceeding.
In the proceeding before the Administrator, the owner submitted a
payment schedule consisting of seven payments dated from March 18,
1986 through April 10, 1986, with each payment being signed off by
the contractor; and an affidavit from the contractor stating that
he "received all cash for the work done" to the subject premises.
However, on appeal the owner submits two cancelled checks, one of
which post-dates the payment schedule, the contractor's
certification and the MCI application. Furhtermore, these checks
(which were submitted for the first time on appeal) do not specify
the address of the subject premises and/or the MCI installation.
The Commissioner rejects as disingenuous the contractor's affidavit
submitted on appeal wherein he stated that his use of the term,
"cash", was being misunderstood.
ADMIN. REVIEW DOCKET NO.: CA230350RT
Based on the foregoing, it is found that the Administrator's order
is correct and should be affirmed.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, the Rent and Eviction Regulations for
the City of New York, and Operational Bulletin 84-1, it is
ORDERED, that this administrative appeal be, and the same hereby is
denied; and that the Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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