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.: FB 220267-RO
RENT ADMINISTRATOR'S DOCKET
DAVID JASKIEL NO.: EC 220007-B0(CA 220824-BR)
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 21, 1991, the above-named owner filed a petition for
administrative review of an order issued on January 18, 1991 by a District
Rent Administrator concerning the housing accommodations as 8-12 Bay 22nd
Street, Brooklyn, New York, Apt. 1.
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 for review.
The issue herein is whether the owner is entitled to 1988-89 Maximum Base
On February 16, 1990 the Director of the MBR unit, issued an order denying
the owner eligibility for Maximum Base Rent increases for the subject
building (Docket No. CA 220824-BR) on the basis that the owner had failed
to meet the Operating and Maintenance and Essential Services
Certification (O & M) required to qualify for the MBR increase. On
January 18, 1991 the Director issued an order (Docket No. EC 220007-BO
affirming the prior order.
In his petition dated February 21, 1991, the owner asserts that he met the
O & M requirement and thereby qualified for the 1988-89 MBR increases.
After a careful consideration of the entire record, the Commissioner is of
the opinion that this petition should be denied.
The record reveals that on January 17, 1989 the owner submitted an
incomplete O & M Certification. The owner photocopied the D.H.C.R. O & M
forms neglecting to copy the reverse sides of pages, thereby deleting
necessary information. The D.H.C.R requested that the owner submit a
complete O & M certification, to which the owner responded by submitting
the very same incomplete certification as had originally been received by
The Commissioner finds that the owner was twice given a full and fair
opportunity to submit a complete O & M certification and failed to do so.
Accordingly, the order of the Acting Director of the MBR Unit (Docket No.
EC 2200007-BO), affirming the denial of the owner's O & M certification,
should be affirmed.
DOCKET NUMBER: FB 220267-RO
THEREFORE, in accordance with the City Rent and Rehabillitation Law and
the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied, and that
the Administrator's order issued under Docket No. EC 220007-BO be, and the
same hereby is, affirmed.