DOCKET NO.: EB130334RO
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. EB130334RO
: DISTRICT RENT ADMINISTRATOR'S
SANFORD SIRULNICK, DOCKET NO. DD120020BO
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
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,
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