DHCR Decisions
Docket No. EB220101RO
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.: EB220101RO
DISTRICT RENT
Manuel Rivera ADMINISTRATOR'S DOCKET
NO.: DG220006BO(7MD10584K)
PETITIONER
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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 652 Dean Street, Apartment #1, 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, DG220006BO was issued
on December 29, 1989. In that order, the Administrator affirmed
the finding of 7MD10584K issued April 28, 1989, that the owner be
denied eligibility for a 1986/87 Maximum Base Rent (MBR) increase,
due to the owner's failure to submit an Affidavit of Service to the
Administrator, said Affidavit stating that the owner's eligibility
fora 1986/87 MBR increase had been granted on an interim basis.
On appeal the owner states (in toto). "I have not had the
opportunity of checking all of the records on this case. I will
amend this PAR as soon as I obtain all of the information."
The Commissioner is of the opinion that this petition should be
denied.
An examination of the record reveals that the owner has not
filed additional information within the more than three (3) years
that have elapsed since the filing date of the owner's petition and
the issue date of this order. The Commissioner is of the opinion
Docket No. EB220101RO
that this constitutes more than sufficient time for the owner to
locate additional information concerning his appeal and to send it
to the Commissioner. The Commissioner notes that on challenge to
the Administrator's order below, the owner stated substantive
objections to the Administrator's order and submitted documentation
in defense of those arguments. The owner has apparently chosen not
to repeat any of those objections before the Commissioner on
appeal.
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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