ADM. REVIEW DOCKET NO.: FI430218RO
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 ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FI430218RO
DAVID EISENSTEIN DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FA420079BO
(DK426592BR)
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 131 East 93rd Street, apts. 3B, 6B, 6D, New
York, N.Y.
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, FA420079BO was
issued on September 6, 1991. In that order, the Administrator
affirmed the finding of DK426592BR, issued December 19, 1990, that
the owner be denied eligibility for a 1990/91 Maximum Base Rent
(MBR) increase, due to the owner's failure to timely pay the MBR
fee. In his Challenge to DK426592BR the owner claimed that he had
sent a check representing the MBR fee to the DHCR on December 27,
1989 and that this check had apparently been "lost in the mail."
At Challenge the owner submitted a "replacement" check. The
Administrator in Order # FA420079BO ruled that,as it had been
submitted after the order denying eligibility was issued, the
Administrator could not accept the replacement check.
On appeal, the owner reiterates his arguments made at
Challenge concerning the "two" fee payment checks he submitted to
the DHCR.
ADM. REVIEW DOCKET NO.: FI430218RO
The Commissioner is of the opinion that this petition should
be denied.
According to the owner's testimony both at Challenge and on
appeal, the "missing" check bore the # 1011. As stated above, the
owner at Challenge submitted a "replacement" check, which was
returned by the Administrator to the owner. This check, a copy of
which is attached to the Challenge bears the check # 1154 and is
dated "January 9, 1991". The Commissioner notes that the
Administrator's order denying eligibility to the owner, DK426592BR
was issued on December 14, 1990.
The Commissioner is therefore of the opinion that, as check #
1154 was drawn after the issuance of the Administrator's order
denying eligibility, the Administrator was correct in refusing to
consider check # 1154 in its decision.
The Commissioner notes that, besides his statements on appeal
and at Challenge below the owner has not presented any evidence in
support of his contention that check # 1011 was timely submitted to
the DHCR in payment of the MBR fees at the subject premises.
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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