ADM. REVIEW DOCKET NO.: EB230141RO
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.: EB230141RO
DISTRICT RENT
PRESIDENTIAL MANAGEMENT CO. ADMINISTRATOR'S DOCKET
c/o ROSENBERG & ESTIS, P.C. NO.: DD220019BO
(BL226155BR)
PETITIONER PREMISES: 6735 Ridge
Boulevard, various
------------------------------------X apartments, Brooklyn,
N.Y.
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 described above.
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, DD220019BO was
issued on December 29, 1989. In that order, the Administrator
affirmed the finding of BL226155BR issued March 17, 1989,that the
owner be partially denied eligibility for a 1988/89 Maximum Base
Rent (MBR) increase, due to the owner's failure to meet the
violation certification requirements necessary to the owner's being
granted an MBR increase, namely, the requirement that the owner
file its Violation Certification (VC) and Operating and Maintenance
(O & M) Expense Certification with the Administrator on a timely
basis. In the order being appealed herein, the Administrator found
that the owner had not filed its VC with the Administrator on a
timely basis. The Administrator thus ruled that the Effective Date
of the owner's eligibility for a 1988/89 MBR increase be November
1, 1988, instead of January 1, 1988.
ADM. REVIEW DOCKET NO.: EB230141RO
On appeal, the owner contends that the Administrator erred in
changing The Effective Date of the order. The owner concedes that
it filed the VC late (after January 1, 1988), but pleads mitigating
circumstances. Ordinarily owners applying for an MBR are supplied
by the Administrator with a List of Pending Violations (LPV)
against the subject premises. The LPV, by listing the outstanding
violations against the subject premises provides the owner with a
guide as to how many non rent impairing violations need to be
repaired in order for the owner to meet the requirements for
eligibility as set forth in Section 2202.3(h) of the Rent and
Eviction Regulations. In the immediate case, the owner alleges on
appeal that it did not receive the LPV in time to timely file the
V.C. The owner then submits a copy of its request for a LPV. The
date stamp indicates that the request was received by the D.H.C.R.
on December 27, 1987. The owner argues alternatively that if the
Commissioner decides that the VC was indeed filed late, then the
penalty should only be a 1-month rollback of the effective date
(i.e., to April 1, 1988), since the owner filed the VC within 1-
month of the new, March 1, 1988 deadline for filing announced by
the Administrator.
The Commissioner is of the opinion that this petition should
be denied.
The owner does not state the actual date on which it was
ostensibly served with the LPV of the subject building. Nor does
it submit any documentary evidence as to any such receipt. The
owner's argument concerning the actual effective date used in the
event of late filing of the VC is in error. If information is
filed late before the Administrator, the effective date of the
owner's eligibility is six months after the date the information is
filed. In the instant case, the owner filed the VC with the
Administrator on April 12, 1988, more than one month after the
March 1, 1988 extended filing deadline. The Commissioner is of the
opinion, therefore, that the Administrator was correct in
establishing the effective date of the Order of Eligibility to
November 1, 1988.
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
ADM. REVIEW DOCKET NO.: EB230141RO
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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