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.
VITO MANIERI, RENT ADMINISTRATOR'S
PETITIONER DG 220014-AD
ORDER AND OPINION DISMISSING PETITION
FOR ADMINISTRATIVE REVIEW
On February 20, 1991, the above-named landlord filed a petition
for administrative review of an order issued on October 25, 1990
by a District Rent Administrator concerning the housing accommo-
dation known as 516 Henry Street, 1st Floor, Brooklyn, New York
wherein the Administrator determined that the subject apartment
is subject to the Rent Regulations and established the maximum
rent at $400.00 per month (pursuant to a lifetime lease).
The aforesaid petition was not filed within 35 days after the
issuance date of the order as required by the applicable
regulations and Operational Bulletin 84-1.
The Commissioner finds that the explanation for the delay in
filing the petition offered by the landlord in his petition for
review is unacceptable. The landlord, in his petition for re-
view, alleges that he saw the Administrator's order for the first
time when shown a copy by the tenant. The evidence in the record
does not support this contention.
First, all notices and the order in this case were mailed to 2039
East 38th Street, Brooklyn, New York 11218. This address is the
same one as listed by the petitioner-landlord in the deed which
transferred ownership of the subject building to the landlord.
The Division of Housing and Community Renewal (DHCR) was supplied
with a copy of this deed by the landlord in his petition for
Second, none of the notices or the order sent to 2039 East 38th
Street, Brooklyn, New York 11218 were returned to DHCR by the
United States Post Office as undeliverable.
Finally, it is noted that landlord does not deny that 2039 East
38th Street was his correct mailing address.
Accordingly, the Commissioner finds that the Rent Administrator's
order was properly served upon the landlord by the Rent Adminis-
trator and that the landlord failed to serve his petition for
review within 35 days from the date of issuance of the Rent
Administrator's order. The Commissioner is therefore of the
opinion that the petition must be dismissed.
THEREFORE, in accordance with the provisions of the City Rent and
Rehabilitation Law, the Rent and Eviction Regulations for New
York City, and Operational Bulletin 84-1, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, dismissed.