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
-------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: FF530363RO
APPEAL OF
AARON ZIEGELMAN,
RENT ADMINISTRATOR'S
DOCKET NO.: DF530088OM
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner timely filed a petition for
administrative review (PAR) against an order issued on May 23, 1991
by the Rent Administrator (Gertz Plaza) concerning the housing
accommodations known as 609 West 151st Street, New York, NY,
various apartments.
The owner commenced this proceeding below by filing its application
in June of 1989 for a major capital improvement (MCI) rent increase
based on the various improvements performed at the subject
premises. By notices dated December 18, 1990, and January 18,
February 19, and April 9, 1991, the owner was requested by the
Division to provide additional information required for the
processing of the said application. The order of the
Administrator, appealed herein, denied the application based on the
owner's failure to respond to the aforementioned notices.
On appeal, the petitioner-owner requests a reversal of the Rent
Administrator's order and contends, in substance, that its
attorneys, Haberman and Dandola who submitted the MCI application
and who were the designated party to receive all notices never
received any of the notices referred to in the said order.
Simultaneously the owner requested reconsideration of the Rent
Administrator's order, contending, in substance, as on appeal that
said notices were never received.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this Administrative Appeal
should be denied.
ADMIN. REVIEW DOCKET NO. DF-530363-RO
A search of the Division's records reveal that the last two of said
notices were sent to the owner in case of his attorney named
herein, and to the owner directly, in respective order; and that
none of said notices were returned by the Postal Authorities. The
regularity of the Division's process must be presumed.
The Commissioner notes that although the Rent Administrator issued
a notice (Docket No. FG530007RK) on July 5, 1991 reopening the
proceeding, it appears that there was no basis to do so since there
was no fraud, illegality or irregularity of any vital matter. The
Commissioner further notes that the owner's attorney to whom said
reopening notice was addressed again failed to respond thereto.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is denied; and
that the Rent Administrator's order be, and the same hereby is
affirmed.
ISSUED:
____________________
Joseph A. D'Agosta
Deputy Commissioner
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