DOCKET NO.: EA220232RO
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 REVIEW
APPEAL OF DOCKET NO. EA220232RO
: DISTRICT RENT ADMINISTRATOR'S
ETHEL ATKINS, DOCKET NO. DJ220004BO (7MD09588K)
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative review of an
order issued concerning the housing accommodations known as 680 Watkins
Street, Apt. 3, Brooklyn, NY.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the issues raised
by the petition.
The issue before the Commissioner in this proceeding is whether the
Administrator's order was correct.
The Administrator's order being appealed, DJ220004BO was issued on December
29, 1989. In that order, the Administrator affirmed the finding of 7MD09588K
issued April 23, 1989, that the owner be denied eligibility for a 1986/87
Maximum Base Rent (MBR) increase, due to the owner's failure to timely serve
the Order of Eligibility upon the affected tenant.
On appeal, the owner does not make any objections to the Administrator's
order being appealed herein, but rather, asks "a few questions" concerning a
"'withhold'" rent notice sent to the tenant, apparently in July 1989. The
owner then inquires about the progress of that proceeding without identifying
it any further.
The Commissioner is of the opinion that this petition should be denied.
A petition for administrative review (PAR) is an appeal of an
Administrator's order. The party filing the PAR must, within the PAR state
an objection to the Administrator's order and must base this objection upon
an allegation of mistake, either in law or fact, by the Administrator.
In the instant proceeding the owner has not used the PAR for these purposes.
She has instead used it in order to make inquiries about a separate,
DOCKET NO.: EA220232RO
The owner is advised to contact Central Information at 718-739-6400 in order
to gain information concerning any other proceeding now before this Agency.
Note: If the tenant has improperly failed or refused to pay rent legally
due, the owner's remedy for the alleged non-payment would be in the courts.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations, it is
ORDERED, that this petition for administrative review 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