STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. CF430159RO
: DRO DOCKET NO. 7MBC00142Q
PAUL SUB/WOODHAVEN 98 REALTY CORP., : PREMISES: 86-30 98TH STREET
PETITIONER : QUEENS, NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issue
raised by the administrative appeal.
The issue before the Commissioner is whether the Administrator's order was
The Administrator's order being appealed, 7MBC00142Q, was issued on May 13,
1988. In that order, the Administrator affirmed the finding of 7M03698Q,
issued August 7, 1987, that the owner be denied eligibility for a 1986/87
Maximum Base Rent (MBR) increase, due to the owner's failure to meet the
violation certification requirements necessary to the owner's being granted
an MBR increase.
On appeal, the owner contends that various violations are being repaired,
and that other violations represent recurring problems. The owner also
presents documentation (including copies of cancelled checks and bills from
repairmen) as proof of his contentions.
The Commissioner is of the opinion that this petition should be denied.
The various documentation presented by the owner on appeal was not
presented before the Administrator. The Commissioner notes that this
documentation was available for presentation before the Administrator. As
such, it cannot be considered by the Commissioner for the first time on
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations, it is
DOCKET NO.: CF430159RO
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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner