ADM. REVIEW DOCKET NO.: DI210205RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE APPEAL
APPEAL OF DOCKET NO.: DI210205RO
SYLVAN TERRACE REALTY CO. NO.: DD220063OI
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 21, 1989 the above named petitioner-landlord
filed an appeal in accordance with the applicable provisions of the
City Rent Law and Regulations against an order issued on September
5, 1989 by the Rent Administrator of the Gertz Plaza, Jamaica, New
York Rent Office, concerning the housing accommodation known as
8802 Ridge Blvd., Apt. D8, Brooklyn, N.Y.
The issue in this proceeding is whether the District Rent
Administrator's order issued was correct.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
This proceeding was commenced on April 7, 1989 by the owner's
filing of an application for rent increase based on changes n
services or other improvements.
In response to the application the tenant stated that she
agreed to pay for the installation of the new windows in her
apartment in full or installments until the windows were paid for
in full. It was not the tenant's intention to have the cost of
these windows calculated into the rent as a permanent rent
increase. The old windows were in hazardous condition and had to
be replaced. As a last resort the tenant offered to pay for the
replacement windows since this appeared to be the only means by
which the tenant could have the old windows removed.
ADM. APPEAL DOCKET NO.: DI210205RO
On May 3, 1989, June 14, 1989 and August 4, 1989 the rent
Administrator requested the owner to submit a copy of the invoice
and cancelled checks for the purchase of the new thermal windows.
Each notice gave the owner 20 days in which to respond. The August
4, 1989 notice was stated to be a "final notice."
On September 5, 1989 the Rent Administrator issued order
number DD220063OI denying an increase in maximum rent for new
On appeal the owner states, in substance, that on September 6,
1989 the owner submitted the information requested by D.H.C.R. by
certified mail return receipt requested. The information consisted
of a copy of a cancelled check and a copy of the bill. The check
was for $370.00 less than the invoice amount, allegedly because the
owner was waiting for the contractor to fix one of the windows.
Although the owner stated in his response that a copy of the check
for the remaining $370.00 would be submitted when issued, no such
check is in the record.
After a careful consideration of the entire evidence of the
record, the Commissioner is of the opinion that the appeal should
The Commissioner notes that the petitioner failed on three
occasions to submit proof of the invoice for the purchase of the
new thermal windows. The petitioner did not submit the proof until
September 6, 1989, which was one day after the Administrator issued
the denial order and 33 days after receiving the 3rd 20 day notice.
The owner offered no excuse for the late filing at the time of
filing and offers no excuse for same in this petition.
An administrative appeal is not a de novo proceeding, but,
absent good cause, is limited to the evidence and issues which were
before the Administrator. The petitioner has offered no excuse for
its repeated failure to timely submit the requested information to
the Administrator. Therefore, it can not be considered on appeal.
THEREFORE, in accordance with the applicable provisions of the
Rent and Eviction Regulations for New York City, it is
ADM. APPEAL DOCKET NO.: DI210205RO
ORDERED, that this administrative appeal be, and the same
hereby is, denied, and that the order of the Rent Administrator be,
and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA