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
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NOS: FD430275RO
Arnold Meier D.R.O. DOCKET NO:
CJ4300240M
PETITIONERS
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ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE REVIEW
On April 24, 1991 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
March 20, 1991 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, NY concerning housing accommodations known as 39
Bedford Street, New York, New York, various apartments wherein
the Administrator denied such portion of a major capital
improvement (MCI) application as pertains to the rent stabilized
apartments for failure to file said application within two years
from the completion date of the installation of the
boiler/burner, while granting a rent increase for the rent
controlled apartments heating system.
In this petition for administrative review (PAR), the owner
contends in substance that the administrator erroneously denied a
MCI rent increase for the rent stabilized apartments, although it
met all the requirements of Section 2522.4 (2) of the Rent
Stabilization Code, including filing the application within two
years of the completion date of the installation and the proper
documentation of the work performed.
After a careful consideration of the entire record, the
Commissioner is of the opinion that this proceeding should be
remanded to the Rent Administrator for further processing in
accordance with this order and opinion.
The record discloses that the owner herein commenced the instant
proceeding by filing its MCI application with the DHCR by
certified mail, return receipt requested, bearing an official
postal stamp dated September 29, 1988 on the receipt for
certified mail. The record further discloses that the owner's
MCI application lists September 29, 1986 as the completion date
Docket NO. FD430275RO - 2 -
for the installation of the boiler/burner.
As is customary in PAR filings and other transactions within the
DHCR, the official U.S. Postal Service postmark is the acceptable
date when timeliness of a document filed with this agency by
mail.
Since it appears, based on the owner's statement, that the
instant MCI application may have been filed within the allowable
two year period of the boiler/burner's installation pursuant to
the applicable provision of the Rent Stabilization Code, the
Commissioner deems it appropriate to remand this proceeding to
the Administrator for such further processing as may be deemed
necessary.
Therefore, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
Ordered, that this petition be, and the same hereby is granted to
the extent of remanding this proceeding to the Rent Administrator
for further processing in accordance with this order and opinion.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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