Docket No. EB520277RO
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.: EB520277RO
Riverside Management Co. c/o DISTRICT RENT
Rosenberg & Estis, P.C. by ADMINISTRATOR'S DOCKET
Blaine Z. Schwadel, Esq. NO.: DE520049BO(7MB01646M)
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
160 Claremont Avenue, 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
The Administrator's order being appealed, DE520049BO was issued on
January 12, 1990. In that order, the Administrator affirmed the finding
of 7MD01646M 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 timely submit to the Administrator an Affidavit of service, said
Affidavit testifying that the owner had served upon the affected tenants
notice of its eligibility to collect 1986/87 MBR increases.
On appeal, the owner argues that the Administrator's order is in
error, inasmuch as, in response to a letter from the Administrator
requesting submission of the Affidavit of service, the owner explained
that it had never received a copy of the order of eligibility. The owner
concluded the letter by requesting advice from the Administrator and
states on appeal that such advice was not forthcoming but that the
Administrator instead revoked the owner's eligibility for a 1986/87 MBR
increase on the grounds that the owner had not submitted an Affidavit of
service. The owner also charges that the D.H.C.R., by the order under
Docket No. EB520277RO
form over substance."
The Commissioner is of the opinion that this petition should be denied.
On September 18, 1986, under docket #7MI01646M the Administrator
granted the owner interim eligibility to raise the 1986/87 MBRs at the
subject premises. This eligibility was granted on a conditional basis.
One of those conditions was service of the order upon the affected
tenants. As the owner did not serve the order upon the tenants (the
affidavit of service would certify same), the Commissioner is of the
opinion that the Administrator was correct in denying owner's eligibility
for a 1986/87 MBR increase at the subject premises.
An examination of the record below reveals that all papers served upon
the owner by the Administrator were properly addressed, either to the
owner or to the owner's counsel.
As for owner's argument on appeal that the Administrator's order
"exalts form over substance": The purpose of service of owner's
eligibility to raise MBR's allows tenants the opportunity to learn of the
basis of their rent increase and to thus challenge its correctness, if
necessary. D.H.C.R. administers rent regulations in New York City
pursuant to legislation. Although this legislation does not specify each
detail of the D.H.C.R.'s responsibilities (i.e., the 60 day service
period), the legislation does give the D.H.C.R. authority to enact and
enforce various procedural rules to aid it in the administration and
enforcement of rent regulation rules and policy. The D.H.C.R's authority
to enact such procedures has been supported by various court decisions.
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