ADM. REVIEW DOCKET NO.: EE130004RO
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.: EE130004RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DJ120020BO (7M06122Q)
KINGSWOOD MANAGEMENT CORP.
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 92-05 Whitney Avenue, various apartments,
Elmhurst, 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, DJ120020BO was
issued on April 6, 1990. In that order, the Administrator affirmed
conditionally the finding of 7M06122Q issued July 8, 1986, that the
owner be eligible for a 1986/87 Maximum Base Rent (MBR) increase.
The Administrator ordered that, due to the owner's failure to
timely pay the MBR Fee, the owner thus be denied eligibility.
The owner claims on appeal that a Delinquent Fee Notice
(Notice) sent by the Administrator to the owner allows the owner to
make a late payment of the fee without penalty. The owner also
claims that the order is confusing on its face, and that it had to
make a telephone request to the administrator for clarification.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: EE130004RO
The language of the Notice sent by the Administrator to the
owner does not in the Commissioner's opinion state or imply that
the owner can make late payment of the fee without losing
eligibility to collect the 1986/87 MBR increase.
7MO6122Q granted the owner eligibility to raise the 1986/87
MBRs at the subject premises, such eligibility contingent upon the
owner's satisfaction of various conditions. The Commissioner is of
the opinion that, as the owner failed to pay the MBR Fee in a
timely fashion the owner did not satisfy all the conditions upon
which its eligibility depended, and that the Administrator was thus
correct in finding that the owner had failed to satisfy all the
conditions of its eligibility and that its eligibility should thus
be denied.
Moreover, an examination of the record reveals that, on
September 29, 1989, the Administrator issued an order, also under
Docket # 7M06122Q, which specifically denied the owner eligibility
due to its failure to timely file the MBR Fee. The owner admits
that a phone conversation with the Administrator disclosed the
intent of the order which was to affirm an order denying
eligibility, issued by the Administrator on September 29, 1989
under the Docket No. 7MO6122Q. The owner has thus conceded that it
did not pay the registration fee in a timely manner, and that it
was aware of the findings and intent of the Administrator's order
under review herein.
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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