Docket No. EL430105RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: EL430105RO
Sanford Sirulnick, ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued concerning the housing accommodations
known as 255 West 84th Street, Various Apartments, New York, New
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, DD120020BO was issued on
November 16, 1990. In that order, the Administrator affirmed the
finding of BL428289BR issued March 17, 1989, that the owner be
granted eligibility for the 1988/89 Maximum Base Rent (MBR)
increase, and that the affective date of that eligibility be
changed to October 1, 1988 due to the owner's failure to file
Violation Certification (VC) for the subject premises on a timely
On appeal, the owner argues that the Administrator was in error in
placing the effective date on October 1, 1988 and that the
effective date should be restored to January 1, 1988.
The owner contends that he submitted the VC for the subject
premises on March 25, 1988, and that he had received the List of
Pending Violations (LPV) for the subject premises on February 8,
1988. Having thus stated that the VC was filed within 60 days of
his receipt of the LPV as required by statute, the owner concludes
that the effective date of his eligibility for a 1988/88 MBR
Docket No. EL430105RO
increase should be January 1, 1988.
The owner submits as evidence of this contention a letter dated
December 1, 1987, over the Commissioner's signature. The owner
argues on appeal that this letter gives that owner permission to
disregard the normal December 31, 1987 filing deadline for
submitting Violation Certifications to the Administrator in order
to obtain eligibility to impose a 1988/89 MBR increase upon the
affected tenants. The owner contends that he did not receive his
LPV for the subject building until February 1988.
The Commissioner is of the opinion that this petition should be
The dates of the owners receipt of the LPV and of his filing of the
VC are not at issue in this proceeding. The Commissioner also
concedes the owner's timely filing of the Operation and Maintenance
(o & M) certification for the subject premises.
An examination of the record reveals that the December 1, 1987
letter that the owner relies on appeal is entitled "Important
Notice to Owners" (Notice). An examination of this Notice reveals
that the Notice does not explicitly waive the December 31, 1987
filing deadline for VC's. The cover letter of the Notice contains
the phrase ".. the deadline for filing the form is February 16,
1988..." Language immediately before and after the above-quoted
phrase refers to the O & M certification. The timeliness of the
owner's filing of the O & M certification is not at issue in this
case. The Commissioner further notes that the Administrator
explicitly stated in DD120020BO and in DD220006BO that the new
filing deadline was in early March 1988.
The two above-cited Administrator's orders concern denials of the
instant owner's eligibility to raise 1988/89 MBRs at two different
premises. The Commissioner is of the opinion that the owner has
raised identical issues and made identical arguments in his appeals
of the three Administrator's orders.
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.
Joseph A. D'Agosta