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.: DK210306RO
APPEAL OF
Ciro LoCascio,
RENT ADMINISTRATOR'S
PETITIONER DOCKET NO: BJ210209OM
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 20, 1989, the above named petitioner-owner timely filed
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
a major capital improvement was made to the building.
In the application, concerning the premises located at 6607 17th
Avenue, Brooklyn, NY , the owner requested a rent increase based
upon the installation of apartment windows at a total cost of
$10,250.00.
The Rent Administrator denied the owner's application on November
14, 1989, in its entirety, based upon the owner's failure to submit
information/documentation substantiating his application.
The owner challenges the Rent Administrator's denial of its
application contending, in substance, that all of the requested
information was timely submitted prior to receipt of the final
notice; and that a photocopy of said submission was sent to DHCR in
reply to the final notice.
After considering that portion of the record relevant to the issue
raised by this petition, the Commissioner finds that the petitioner
does not qualify for a rent increase because the petitioner failed
to submit, in the proceeding below and in the instant proceeding,
all of the documents such as contracts, paid bills and/or
contractor statements necessary to substantiate the cost of the
installation and verify the relationship between the owner and the
contractor.
Adm. Rev. Docket No. DK210306RO
There is no evidence in the record which was submitted by the owner
pursuant to DHCR's request for information in order to substantiate
the application other than the front copies of checks which have
been predominantly written payable to the owner himself and an
invoice marked paid in full from the contractor (Paturzo) in the
amount of $20,500.00 (double the claimed cost for the MCI herein).
Thus, the Rent Administrator properly denied the application based
upon the evidence submitted in the proceeding below.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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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