ADM. REVIEW DOCKET NO.: EC420496RO
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.: EC420496RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
PIK RECORD, INC., C/O HORING & NO.: DJ420053BO (7M06443M)
WELIKSON by KAREN SCHWARTZ-
SIDRANE 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 University Place, various tenants, New
York, 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, DJ420053BO was
issued on February 9, 1990. In that order, the Administrator
affirmed the finding of 7M06443M issued October 3, 1989, that the
owner be denied eligibility for a 1986/87 Maximum Base Rent (MBR)
increase, due to the owner's failure to timely pay the MBR
Administrative fee to the Administrator. Such payment was
requested by the Administrator in a letter to the owner dated May
9, 1989.
On appeal the owner contends that it never received the above-
mentioned notice. The owner contends that the first time it
learned about its liability for the above-mentioned fee was when it
received the October 3, 1989 order. In its Challenge to that order
below the owner included a check for $2,040 ($20 per apartment MBR
Registration Fee X 102 rent-controlled apartments at the subject
premises) as a "good faith attempt to comply with" the order. The
owner further contends that the Administrator acted beyond the
scope of its authority in finding that, due to the nonpayment of
the fee, the owner should be denied eligibility to raise MBRs.
ADM. REVIEW DOCKET NO.: EC420496RO
The Commissioner is of the opinion that this proceeding should
be denied.
An examination of the record reveals no evidence of any kind
that the Administrator failed to mail the May 9, 1989 letter to the
owner in a timely and otherwise correct fashion.
An Administrator's order is a finding of law or fact. It is
not a "second chance" for the affected petitioner to perform some
action that the Administrator had previously requested. (The check
referred to above has been returned to the owner).
Both statute and Court decision have found that the D.H.C.R.
is empowered to enforce rent regulations promulgated by the State
and City of New York. Various court decisions have further found
that the D.H.C.R. is empowered to interpret these regulations in a
manner so as to allow it to more effectively enforce rent
regulations.
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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