ADM. REVIEW DOCKET NO.: EB630078RO
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.: EB630078RO
GJERGJ GJONI/ DISTRICT RENT
KOSOVA REALTY ADMINISTRATOR'S DOCKET
NO.: DD620034BO(7MD00473BX)
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 2144 Bronx Park East, various apartments,
Bronx, N.Y.
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, DD620034BO was
issued on December 29, 1989. In that order, the Administrator
affirmed the finding of 7MD00473BX issued April 14, 1989, that the
owner be denied eligibility for a 1986/87 Maximum Base Rent (MBR)
increase, due to the owner's failure to serve the order of
eligibility upon the affected tenants within 60 days of the order's
date of issuance.
On appeal, the owner claims that it never received the order
of eligibility, issued on June 29, 1988, nor a notice from the
Administrator mailed to the tenant on January 20, 1989 informing
the owner that the D.H.C.R. had never received an affidavit of
service from the owner. The owner states, as it did at Challenge
ADM. REVIEW DOCKET NO.: EB630078RO
below, that during the spring of 1988 it moved from one apartment
in the subject building to another apartment in the same building.
The owner thus alleges that the Administrator mistakenly mailed the
relevant documents to the old apartment.
The Commissioner is of the opinion that this petition should
be denied.
An examination of the file does not disclose any evidence in
any form that the relevant documents were not mailed correctly to
the owner.
The Commissioner notes that on the various correspondence that
reached the owner (both before and after the owner's move), the
owner's apartment was not named.
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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