Docket No. EB430237RO
                                    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.: EB420327RO 
            

                                                  DISTRICT RENT
          Walter M. Eberhart, Jr.                 ADMINISTRATOR'S DOCKET
                                                  NO.: DE420005BO(7M04282M)
           
                                   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 33 East 96th street, Apartments 4RE & 5FE, 
          New York, 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, DE420005BO was issued 
          on January 12, 1990.  In that order, the Administrator affirmed the 
          finding of 7MD04282M issued April 29, 1989, that the owner be 
          denied eligibility for a 1986/87 Maximum Base Rent (MBR) increase, 
          due to the owner's failure to timely submit to the Administrator an 
          Affidavit of Service testifying to the owner's timely service of a 
          previous permanent order of eligibility to increase 1986/87 MBRs, 
          said permanent order issued under the Docket # 7M04282M, which was 
          issued and mailed to the owner on June 29, 1988, at the address 
          indicated by the owner in his appeal.  On the face of that order 
          the owner was explicitly given a 60-day deadline in which to serve 
          the affected tenants with a notice of eligibility.  On January 20, 
          1989 (well after the statutory 60 day service period had expired) 
          the Administrator sent notice to the owner that it had not yet been 
          served with the Affidavit of his service of the previously 
          mentioned order of eligibility upon the affected tenants.  The 
          owner never responded to that notice.  On April 28, 1989 the 
          Administrator issued, under Docket #7MD04282M a Final order denying 
          the 1986/87 MBR on the basis of the owner's failure to answer the 












          Docket No. EB430237RO

          January 20, 1989 notice.  The proceedings culminating in the 
          issuance of the order being appealed herein (DE420005BO) were 
          commenced upon the owner's filing of a challenge to 7MD04282M.

              Upon appeal, the owner claims that he "never received the final 
          order of eligibility issued January 20, 1989" and that by 
          indicating various issue dates on the various orders issued 
          throughout the 1986/87 MBR proceeding the Administrator indicates 
          "inconsistency" and "confusion in D.H.C.R."   

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

              In the extensive recap of the history of this proceeding, the 
          Commissioner has explained the use of the various dates in the 
          various orders.

              The Commissioner notes that the owner states on appeal that he 
          never received the "order of eligibility issued January 20, 1989".  
          An examination of the record reveals that the owner also made this 
          allegation in the challenge proceeding below.  The Commissioner 
          notes that, on January 20, 1989 the Administrator did not serve the 
          owner with an order of any type, but rather with a letter notifying 
          the owner that the Administrator had not yet received an Affidavit 
          of Service concerning the order of eligibility the owner had 
          received on June 29, 1988, and giving the owner 20 more days in 
          which to serve such an Affidavit upon the Administrator.  The 
          Commissioner further notes that nowhere in this proceeding does the 
          owner deny that he received the June 29, 1988 order of eligibility.

              All orders and other papers served upon the owner were 
          addressed to the owner at the owner's proper address as given by 
          the owner in his petition.  There is no other indication in the 
          file that any mail was sent to an incorrect address by the 
          Administrator,  nor is there any evidence that any documents 
          allegedly mailed to the owner by the Administrator were not so 
          addressed.

              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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