DHCR Decisions
Docket No. EB430301RO
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.: EB430301RO
DISTRICT RENT
Orwell Management ADMINISTRATOR'S DOCKET
NO.: DE420066BO(7MD08181M)
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 1 West 85th street, Various Apartments, 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, DE420066BO was issued
on January 12, 1990. In that order, the Administrator affirmed the
finding of 7MD08181M, issued April 21, 1989, that the owner be
denied eligibility for a 1986/87 Maximum Base Rent (MBR) increase,
due to the owner's failure to serve upon the Administrator in a
timely manner an Affidavit of Service certifying that the affected
tenants had been timely served with notice of the owner's
eligibility to raise the 1986/87 MBR, said eligibility granted to
the owner by the Administrator in an order issued on June 29, 1988
under Docket #7M08181M. In a letter to the owner dated December
30, 1988, the Administrator noted that the owner had failed to
submit an Affidavit of Service of the above-mentioned order upon
the affected tenants. The letter then directed the owner to file
such an Affidavit with the Administrator within twenty (20) days
from the mailing date of the letter (i.e. by January 19, 1989) or
else risk revocation of the previously granted eligibility to raise
the 1986/87 MBR's on the affected tenants at the subject premises.
Docket No. EB430301RO
The owner never submitted a Affidavit of Service in reply to the
December 30, 1988 letter as the Administrator thus found, in the
order issued on April 21, 1989.
On appeal, the owner argues that the April 21, 1989 order
denying eligibility stated that the Order of Eligibility was sent
to the owner December 30, 1988 while the order of affirmation (the
order under review in the proceeding herein) states that the order
of eligibility was sent to the owner on June 29, 1988. In either
case, the owner states that it did not receive an order of
eligibility.
The Commissioner is of the opinion that this petition should be
denied.
The recapitulation of the history of this proceeding, as given
above illustrates that the Order of Eligibility was sent to the
owner on June 29, 1988 and a letter requesting the Affidavit of
Service of such Eligibility was sent to the owner on December 30,
1988.
An examination of the record reveals that the relevant
documents (the June 29, 1988 Order of Eligibility and the December
30, 1988 letter) were both addressed to the owner's proper address,
as indicated on the owner's petition. There is no evidence that
the documents were not mailed by the Administrator.
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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