Docket No. DE220328RO
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.: DE220328RO
San Properties ADMINISTRATOR'S DOCKET
c/o Kucker Kraus & Bruh NO.: 7MD04257(7M04257K)
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations know as 1320 Coney Island Avenue, Various
Apartments, Brooklyn, New York.
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 is whether the
Administrator's order was correct.
The Administrator's order being appealed, 7MD04257 was issued
on April 21, 1989. In that order, the Administrator revoked the
finding of 7M04257K issued September 30, 1988, that the owner be
granted eligibility for a 1986/87 Maximum Base Rent (MBR) increase,
due to the owner's failure to submit to the Administrator Affidavit
of Service regarding the above-cited Order of Eligibility.
On appeal, the owner submits various evidence including a copy
Docket No. BK130362RO
of the Affidavit of service, the signatures of the affected tenants
testifying that they had been served with copies of the Notice of
the owner's eligibility to raise rents, and a copy of a return
Reciept, signed as received by the D.H.C.R. in timely fashion.
The Commissioner is of the opinion that this appeal should be
The owner has produced sufficient documentation ot prove that
the Affidavit of service was served upon the D.H.C.R. in timely
The Commissioner notes that Administrator's order ZAG220356S,
which found a decrease in services in apartment 3C, ordered the
owner to reduce the rent by 10% for rent-controlled tenant of that
apartment. The Commissioner further notes that this order was
issued on February 11, 1987 and that in an order issued on April
23, 1990 under docket number ZDF220450R the Administrator found
that the owner had not repaired the reductions in service cited in
ZAG220356S. The Commissioner is thus of the opinion that a rent
reduction order was outstanding against an apartment of the subject
premises at the time of the issuance of the Administrator's order,
and that the rent reducing order remains outstanding as of the
issue date of the Commissioner's order, apartment 3C shall be
exempt from the provisions of the Commissioner's order.
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 granted in part, and that the order of the Rent
Administrator be, and the same hereby is, revoked. The owner is
thereby found eligible for the 1986/87 MBR increase, subject to the
terms and conditions listed on the attached sheet.
The rent controlled tenant of apartment 3C is, as noted above,
exempted from this rental adjustment. Upon a finding of
restoration of services, the MBR of the rent controlled tenant of
apartment 3C is to be increased prospectively only.
Joseph A. D'Agosta