STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X S.J.R. NO. 6370 (Mandamus)
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.DB 530188-RO
JACHAR REALTY CORP. DOCKET NO.DF 410229-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 23, 1989 the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on January 23, 1989 by the
Rent Administrator (Gertz Plaza) concerning housing accommodations known
as 408 West 130th Street, New York, NY, various apartments, wherein the
Administrator denied the owner's rent increase application based on the
installation of replacement windows at a total claimed cost of $17,341.00
on the ground that the owner failed to adequately substantiate its
application for major capital improvement (MCI) rent increases.
Subsequent thereto the owner filed a petition in the Supreme Court
pursuant to Article 78 of the Civil Practice Law and rules seeking an
order of mandamus.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that part of the record relevant to the issue raised
by the administrative appeal.
In this petition, the owner alleges, in substance, that it did not receive
the notices which were sent to it requesting additional documentation; and
that as a result it did not have an opportunity to respond thereto.
Submitted with the petition is a complete list of the tenants' names and
apartments numbers in the subject premises.
A review of the record in the proceeding below discloses that the owner
failed to properly substantiated its MCI application by not submitting to
the Administrator requisited documentation including a Contractor's
Certification (Form RA-79I) showing the number of windows installed and a
complete rent roll of the apartments at the subject premises. It is noted
that the owner submitted copies of cancelled checks which amounted only to
$69,000.00 of the owner's claimed cost of $77,341.00. The record further
discloses that on December 15, 1988 the Administrator mailed to the
owner's authorized representative (who signed the application) a final
notice (since the owner had failed to respond to a prior notice sent on
August 18, 1988) requesting said documentations. Said notice was not
returned by the postal authorities as non-deliverable.
DOCKET NUMBER: DB 530188-OM
In view of the owner's failure to submit the requisite documentation to
properly substantiate its MCI application, the Commissioner finds that the
Administrator properly denied the application and terminated the
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, and the New York City Rent Law and
Regulations, it is
ORDERED, that this petition be, and the same hereby is denied; and that
the Administrator's order be, and the same hereby is affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner