ADM. REVIEW DOCKET NO.: EC520458RO
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.: EC520458RO
KENTON ASSOCIATES, LTD.
by BARBARA G. ROSS DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DK520017BO
(7M1308M)
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 2201-11 Broadway, various apartments, 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, DK520017BO was
issued on February 16, 1990. In that order, the Administrator
affirmed the finding of 7M1308M issued October 10, 1989, that the
owner be denied eligibility for a 1986/87 Maximum Base Rent (MBR)
increase, due to the owner's failure to make timely payment of the
MBR fee to the Administrator.
On appeal, the owner states that it did not perform the
1986/87 MBR procedures but that it retained McLaughlin Realty
Company to do the various filings on its behalf. As proof of this
contention the owner submits on appeal a bill from McLaughlin
requesting payment in consideration of McLaughlin's "Preparation of
MBR paperwork for 1986/87 (for the subject premises) including
filing fee". Also included on appeal is a copy of the owner's
cancelled check, made payable to McLaughlin, for the aforementioned
obligation.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: EC520458RO
The owner does not contend that it actually did pay the fee to
the Administrator when requested, but merely asserts that it
retained a third party to make the fee payment for it. The
Commissioner finds that the third party (McLaughlin Realty) by
making the various submissions to the Administrator in pursuit of
the owner's eligibility to increase the 1986/87 MBR at the subject
premises, was acting as the owner's agent. As such, the owner
cannot disclaim responsibility for McLaughlin's actions. The
Commissioner is thus of the opinion that the Administrator was
correct in finding that due to its failure to make timely payment
to the Administrator the owner should be denied eligibility to
raise 1986/87 MBRs at the subject premises.
The Commissioner notes that, by its submission on appeal the
owner has only proved that it paid McLaughlin for its services, and
not that it paid the MBR fee to 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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