DHCR Decisions
ADM. REVIEW DOCKET NO. EB 130368 RO
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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EB 130368 RO
:
DRO ORDER NO.:
BG 430682-OM
PAMENAR REALTY
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING TO ADMINISTRATOR
On February 28, 1990, the above-referenced owner filed a
petition for administrative review of an order issued on February
7, 1990, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning housing accommodations located at
145-26 20th Avenue, Whitestone, New York, in which order the
Administrator had terminated the owner's Application for Rent
Increase Based on Capital Improvements.
The owner later filed a petition under Article 78 of the
Civil Practice Law and Rules, in which it requested the Supreme
Court to direct the above-referenced Division expeditiously to
issue a determination of the owner's administrative appeal. An
order was subsequently signed by Justice H. A. Posner so
directing the Division.
This proceeding originated when the owner filed the
aforementioned application, based on installation of windows, on
July 29, 1987. On January 4, 1990, the Administrator requested
--on pain of the aforementioned termination-- that the owner:
state the age of the previous windows; submit copies of both
sides of cancelled checks, to prove the amount claimed in the
application; and submit a copy of the pertinent contract. In
addition the Administrator enclosed a form RA-79, stating in
relation to side two thereof that "it appears that tenants were
not served advising them of type of installation".
The ensuing "Order . . . Terminating Proceeding," here
appealed, stated that the owner had "submitted incomplete
information/evidence."
The instant petition attacks the last-quoted statement,
asserting inter alia that "on January 24, 1990 . . . all the
information was sent to your office."
ADM. REVIEW DOCKET NO. EB 130368 RO
Having carefully reviewed the record, along with related
records under docket numbers EB 130359 through 130363, 130404 and
130405, EC 110416, EC 130213, 215, 310 and 311, EE 130367, ED
130334 and EE 130482 RO, the Commissioner is of the opinion that
this proceeding should be remanded to the Administrator for
processing of the application herein.
In January of 1990 the Administrator received a letter from
the owner stating inter alia that the previous windows had been
in place for 34 years and concluding: "Enclosed you will find
section C of RA-79 completed . . . plus proof of mailing to the
tenants which we have just reserved." That proof of mailing
consisted of a copy of a Postal Service form indicating that the
owner had posted something to each rent-stabilized tenant in the
subject premises. Although the date stamped on that form is
illegible, the other cases cited above (dealing with simultaneous
capital improvements in the same housing complex) indicates, and
the Commissioner therefore finds, that the mailing took place on
January 18, 1990.
Divisional records also reflect that by January, 1990, the
owner had provided the Administrator with a copy of the contract
in question.
D.H.C.R. records show, finally, that on or about January 23,
1990, the owner submitted copies of the front sides of 33 checks
drawn by the owner to the order of Thermal Profiles, along with
copies of the reverse sides of 33 checks, on 25 of which the
endorsement of Thermal Profiles is discernible (with no
discernible endorsement on the remainder).
The above indicates that the owner provided the
Administrator with (1) a statement of the age of the previous
windows, (2) a copy of the contract in question and (3) copies of
cancelled checks to the order of the vendor mentioned in that
contract. Regarding proof of service of the application on the
tenants, the aforementioned letter to the Administrator declaring
that reservice had been made, attached to verification from the
Postal Service that the owner had mailed something o the rent-
stabilized tenants, satisfies the Commissioner that the reservice
was made.
All requested documentation, in sum, having been provided
to the Administrator or previously placed in Divisional records,
it is
THEREFORE ORDERED, in accordance with the Rent
Stabilization Law and Code, that this petition be and the same
hereby is granted to the extent of remanding this proceeding to
the Administrator for continued processing of the owner's
application.
ISSUED:
ADM. REVIEW DOCKET NO. EB 130368 RO
JOSEPH A. D'AGOSTA
Deputy Commissioner
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