STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
-------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: EF230278RO
PABLO AND ROSANA ACOSTA
DOCKET NO.: DC230020OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 5, 1990 the above-named petitioner-owner timely filed a
petition for administrative review (PAR) against an order issued on
May 4, 1990, by a Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York concerning the housing accommodations known as
204/206 Ellery Street, Brooklyn, NY, various apartments.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition for administrative review.
The owner commenced this proceeding on March 1, 1989 by initially
filing an incomplete major capital improvement (MCI) rent increase
application predicated on the installation of an intercom system at
a total cost of $3,200.00.
The order of the Rent Administrator denied the owner's application,
based upon the owner's failure to submit information necessary to
complete the processing of the application, as requested in notices
sent on February 6, 1990 and March 13, 1990.
In this petition for administrative review the owner requests
reversal of the Administrator's order and contends, in substance,
that the owner was out of the country during the period that the
notices were sent. The owner did not submit with his appeal
evidence in support of his claim. Nor did the owner submit the
documentation requested in the notices needed to complete the
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The owner has failed to substantiate his claim. In addition, the
evidence of the record shows that as of the filing of this
petition, the owner has failed to submit documentation for the
purposes of completion of his application.
ADMIN. REVIEW DOCKET NO. EF-230278-RO
In view of the foregoing, the Commissioner finds that the
administrator's determination should not be disturbed.
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,
Joseph A. D'Agosta