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
------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: DJ430230RO
APPEAL OF
Bernice Rosenblum,
RENT ADMINISTRATOR'S
PETITIONER DOCKET NO: BD430533OM
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 10, 1989, the above named petitioner-owner timely
refiled a petition for administrative review of a Rent
Administrator's order bearing the above-referenced docket number
which denied the owner's application to increase the rents based
upon a claim that major capital improvements were made to the
building.
In the application commenced on April 20, 1987, concerning the
premises located at 25 Thompson Street, New York, NY, the owner
requested a rent increase based upon the installation of the
following items:
1) boiler/burner; and
2) pointing and steamcleaning.
The Rent Administrator denied the application in its entirety since
the owner failed to submit information and/or evidence required for
the processing of her application which was requested on June 23,
1987 and June 15, 1989 (two year interim).
The petitioner challenges the Rent Administrator's denial of the
application herein contendinh in substance, that due to the City's
administrative difficulties, the requested information was not
obtainable within the time frame specified by the DHCR; and that
she should not be held responsible for circumstances beyond her
control.
After considering that portion of the record relevant to the issues
raised by this petition, the Commissioner finds that the petitioner
does not qualify for a rent increase because the petitioner failed
to:
a) submit all of the documents, such as contracts, paid
bills and/or contractor statements necessary to
substantiate the cost and/or necessity for the
installations, and
b) submit the necessary governmental approvals for the
installations where needed.
The Commissioner notes that even on appeal, the owner failed to
show that the appropriate applications had at least been filed with
their respective governmental agencies. In addition, the owner has
not verified as paid all expenditures claimed.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the New York City Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied;
and, that the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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