DHCR Decisions
Docket No. EA230345RO
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
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EA230345RO
DISTRICT RENT
Time Equities ADMINISTRATOR'S DOCKET
NO.: DJ220030BO(7M04161K)
PETITIONER
------------------------------------X
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 209 Clinton Avenue, Various Apartments,
Brooklyn, New York.
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 is whether the
Administrator's order was correct.
The Administrator's order being appealed, DJ220030BO was issued
on December 22, 1989. In that order, the Administrator affirmed
the finding of 7M04161K issued September 29, 1989, that the owner
be denied eligibility for a 1986/87 Maximum Base Rent (MBR)
increase, due to the owner's failure to respond to delinquent 1986-
87 MBR Fee Revenue Notice. In a challenge to that order, the owner
responded that it had never received a copy of the Order of
Eligibility, and that it would remit payment upon receipt of the
order.
Upon appeal, the owner makes substantially the same argument it
made upon appeal.
The Commissioner is of the opinion that this petition should be
denied.
An examination of the record reveals that the address claimed
by the owner and used by the owner on its petition is the same
address upon which the Administrator served the various orders
being considered in the present proceeding. There is no evidence
Docket No. EA230345RO
in the record the U.S. Postal Service was unable to deliver the
orders to the indicated address.
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.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
|