ADM. APPEAL DOCKET NO. DC 230073 RO
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.: DC 230073 RO
BENJAMIN BREITMAN
D/B/A LEV REALTY CO.,
: DRO ORDER NO.:
CC 230154 - OM
PETITIONER :
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ORDER AND OPINION DENYING ADMINISTRATIVE APPEAL
On March 3, 1989 the above-named petitioner-owner filed an
Administrative Appeal against an order issued on February 23,
1989 by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
1775 East 18th Street, Brooklyn, New York, Various Apartments.
Subsequent thereto, the petitioner filed a petition in the
Supreme Court pursuant to Article 78 of the Civil Practice Law
and Rules requesting that the Court direct the Division to issue
a determination of the administrative appeal.
The Administrative Appeal is being determined pursuant to
the provisions of 9 NYCRR 2202.4 and 9 NYCRR 2522.4 (a).
The District Rent Administrator's order, appealed herein,
denied the owner's application of March 18, 1988 for a rent
increase based upon claimed costs of $28,000.00 for pointing and
waterproofing and $24,000.00 for incinerator upgrading.
This order was based upon the owner's failure to comply with
the Division's request of January 27, 1989 for further
information/evidence necessary for the processing of said
application.
On appeal, the petitioner-owner alleges, in substance, that
the District Rent Administrator improperly denied his
application. The owner submitted with his administrative appeal,
a letter dated February 14, 1989 wherein the owner requested
additional time to submit the requested information. Said letter
is date-stamped as having been received by the Division on
February 17, 1989.
ADM. APPEAL DOCKET NO. DC 230073 RO
After a careful consideration of the entire evidence of
record, the Commissioner is of the opinion that the
administrative appeal should be denied.
The District Rent Administrator acted within the proper
scope of authority and discretion in denying the owner's
application for failure to submit requested material. The
Division's request was made more than ten months after the owner
filed his application and it was not improper for the District
Rent Administrator to refuse to grant any additional extensions
of time for the owner to submit material which was or should have
been in the owner's possession. The District Rent
Administrator's order was issued without prejudice to the owner's
right to refile.
A review of the record indicates that on May 12, 1989, the
owner filed another application which listed, among other claimed
improvements, the two specified hereinabove. Said application
was assigned District Rent Office Docket No. DE 230130-OM. The
Commissioner notes that on August 26, 1991, the District Rent
Administrator issued an order which, among other things, granted
that part of the owner's application seeking a rent increase
based upon costs of $28,000.00 for pointing and waterproofing,
and denied that part of the application seeking a rent increase
based upon costs of $24,000.00 for incinerator upgrading as the
useful life of the prior installation had not been exhausted.
The increase was effective as f September 1, 1989 for rent-
stabilized tenants. This order and opinion does not effect the
District Rent Administrator's determination under DE 230130-OM
and is issued without prejudice to the right of any party
aggrieved by the District Rent Administrator's order of August
26, 1991 to timely file an administrative appeal against said
order.
THEREFORE, in accordance with the provisions of the Rent
and Eviction Regulations for New York City and the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same
hereby is, denied, and the District Rent Administrator's order
be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. APPEAL DOCKET NO. DC 230073 RO
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