Docket No. ED520059RO
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.: ED520059RO
DISTRICT RENT
225 Realty ADMINISTRATOR'S DOCKET
by Florence Edelstein NO.: DK520026BO(7M10388M)
PETITIONER
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ORDER AND OPINION GRANTING 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 708 West 192 Street A/K/A 225 Bennett
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 was correct.
The Administrator's order being appealed, ED520059RO was issued
on March 23, 1990. In that order, the Administrator affirmed the
finding of 7M10388M issued September 30, 1988, that the owner be
denied eligibility for a 1986/87 Maximum Base Rent (MBR) increase,
due to the owner's "failure to send copy of payment check, front
and rear, with dates clearly indicated."
On appeal, the owner states that the fee payment represented by
the check was submitted on a timely basis, and submits alleged
proof thereof.
The owner submits a front and back copy of its check #2126,
drown on Chemical Bank, dated August 20, 1986, payable to NYS- in
the amount of $440. The owner also submits a copy of its August,
1986 Bank Statement, said statement disclosing that check #2126 was
presented for payment at Chemical Bank on August 26, 1986, and that
Docket No. ED520059RO
the Owner's account was this charged $440.
The Commissioner is of the opinion that this petition should be
granted.
An examination of the record reveals that the owner submitted
the Fee Payment and was placed in the file and was logged in by a
DHCR employee.
The Commissioner is thus of the opinion that, as there was
evidence that the Fee Payment was filed by the owner on a timely
basis and inasmuch as this evidence was available to the
Administrator, the administrator was therefore in error in finding
that the owner had failed to pay its MBR fee on a timely basis and
thus postponing the owner's eligibility.
THEREFORE, in accordance with the provision of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is granted, and that the order of the Rent
Administrator be, and the same hereby is revoked. The order is
hereby granted eligibility to raise MBR's at the subject premises
for 1986/1987, effective January 1, 1986, subject to the terms and
conditions on the attached sheet.
ISSUED:
Lula M. Anderson
Deputy Commissioner
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