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.:EK 130334-RO
:
RENT ADMINISTRATOR'S
KARY MIHAILIDES, DOCKET NO.:DJ 130067-OM
PETITIONER :
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ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner timely filed an Administrative Appeal
against an order issued on October 26, 1990 by the Rent Administrator,
Gertz Plaza, Jamaica, New York, concerning the housing accommodations known
as 24-15 28th Street, Astoria, New York, Various Apartments.
The owner commenced the proceeding below by filing an application for a
major capital improvement (MCI) rent increase based on the installation of
a new roof at the subject premises. By notices dated August 17th, and
September 21, 1990 the owner was requested to provide additional
information. The order of the Administrator appealed herein denied the
applications based on the owner's failure to respond to the aforesaid
notices.
On appeal, the petitioner-owner contends, in substance, that it did file
all the necessary papers and answers with DHCR; and that this information
was sent via certified mail. In support of its contention the owner
submitted a copy of a domestic return receipt for certified mailing article
number PO 53863625 stamped as being received by DHCR on August 31, 1990.
The Commissioner notes that by a notice dated January 28, 1992, the owner
and the tenants were notified that the Rent Administrator had reopened the
proceeding under Docket No. DJ 130067-OM to reconsider the order issued on
October 26, 1990. The reopened proceeding has been assigned Docket No. GA
130026-RK and the record discloses that the owner's contention is the same
in both cases.
In view of the foregoing, the Commissioner is of the opinion that the
owner's Administrative Appeal against the order issued under Docket No. DJ
130067-OM should be terminated as the matter is still pending before the
Rent Administrator. Any party aggrieved by the superseding order will have
the opportunity to file an Administrative Appeal within thirty-five days
after its date of issuance.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations for New York City and the Rent Stabilization Law and Code, it
is
DOCKET NUMBER: EK 130334-RO
ORDERED, that this Administrative Appeal be, and the same hereby is,
terminated.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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