DOCKET NO.:  EB130334RO
                                        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. EB130334RO
                                             :  DISTRICT RENT ADMINISTRATOR'S
                SANFORD SIRULNICK,              DOCKET NO. DD120020BO
                                             :             (BL125843BR)
                              PETITIONER
     ----------------------------------------X
                                                         

           ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

     The above-named tenant filed a timely petition for administrative review of 
     an order issued concerning the housing accommodations known as 87-60 113th 
     Street, Various apartments, Queens, 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 is whether the Administrator's order was 
     correct.

     The Administrator's order being appealed, DD120020BO was issued on January 
     26, 1990.  In that order, the Administrator affirmed the finding of 
     BL125843BR issued March 17, 1989, that the owner be granted eligibility for 
     the 1988/89 Maximum Base Rent (MBR) increase, and that the effective date 
     of that eligibility be changed to October 1, 1988 due to the owner's 
     failure to file Violation Certification (VC) for the subject premises by 
     the extended filing deadline of March 2, 1988.

     On appeal, the owner argues that the Administrator was in error in placing 
     the effective date on October 1, 1988 and that the effective date should be 
     restored to January 1, 1988.

     The owner contends that he submitted the VC for the subject premises on 
     March 25, 1988, and that he had received the List of Pending Violations 
     (LPV) for the subject premises on February 8, 1988.  Having thus stated 
     that the VC was filed within 60 days of his receipt of the LPV as required 
     by statute, the owner concludes that the effective date of his eligibility 
     for a 1988/89 MBR increase should be January 1, 1988.

     The owner submits as evidence of this contention a letter dated December 1, 
     1987, over the Commissioner's signature.  The owner argues on appeal that 
     this letter gives the owner permission to disregard the normal December 31, 
     1987 filing deadline for submitting Violation Certifications to the 
     Administrator in order to obtain eligibility to impose a 1988/89 MBR 
     increase upon the affected tenants.  The owner contends that he did not 
     receive his LPV for the subject building until February 1988.

     The Commissioner is of the opinion that this petition should be denied.






          DOCKET NO.:  EB130334RO


     The dates of the owners receipt of the LPV and of his filing of the VC are 
     not at issue in this proceeding.  The Commissioner also concedes the 
     owner's timely filing of the Operation and Maintenance (O & M) 
     certification for the subject premises.

     An examination of the record reveals that the December 1, 1987 letter that 
     the owner relies on on appeal is entitled "Important Notice to Owners" 
     (Notice).  An examination of this Notice reveals that the Notice does not 
     explicitly waive the December 31, 1987 filing deadline for VC's.  The cover 
     letter of the Notice contains the phrase ".. the deadline for filing the 
     form is February 16, 1988 ..."  Language immediately before and after the 
     above-quoted phrase refers to the O & M  certification.  As noted above, 
     the timeliness of the owner's filing of the O & M certification is not at 
     issue in this case.  The Commissioner further note that the Administrator 
     explicitly stated in DD120020BO that the new filing deadline was March 2, 
     1988.

     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
      
    

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