DHCR Decisions
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 APPEAL
APPEAL OF DOCKET NO. DC 730162-RO
: DRO DOCKET NO. ZBI 120167-OM
BN REALTY ASSOCIATES,
:
PETITIONER
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ORDER AND OPINION DENYING OWNER'S PETITION FOR ADMINISTRATIVE REVIEW
On March 13, 1989 the above-named petitioner filed an Administrative
Appeal against an order issued on February 2, 1989 by the District Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York, concerning the
housing accommodations known as 390 Plandome Road, Manhasset, N^Y 11030.
The Administrative Appeal is being determined pursuant to the provisions
of Section 2522.4 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator was correct in closing
the subject MCI file due to lack of jurisdiction and improper venue.
The District Rent Administrator's order, appealed herein, transferred the
entire application with all supporting documentation to the Nassau County
Office.
This order was based upon the undisputed fact that the subject building
being located in Nassau County is not under the jurisdiction of the Rent
Stabilization Code and Regulation pursuant to Section 2522.4.
On appeal, the petitioner-owner contends that the transfer of the file may
have prejudiced him, by delaying processing if his application which was
prospective in nature.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
denied.
The owner had actual notice that he was utilizing incorrect forms when he
filed his application incorrectly in NYC.
The subject form states in bold type near top of page, that it applies to,
"Computation at percentage of rent increase or rent stabilized apartments
in New York City (Pursuant to Sec. 41 of the Rent Stabilization Code."
DOCKET NO.: DC 730162-RO
Further the owner prior to filing the subject PAR, filed a new application
for MCI increase direct with the Nassau County rent office, using
appropriate forms on January 30, 1989. Said application was granted
docket # DA 7100260-OM on November 21, 1983.
Accordingly the owner's claim of delay in processing his application is
moot.
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, the Emergency Tenant Protection Act, the Tenant Protection
Regulations, it is
ORDERED, that the rent administrator's order be and the same hereby is
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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