ADM. REVIEW DOCKET NO.: FK230029RO
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.: FK230029RO
1335 ENTERPRISES
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FB220003BO(DL221072BR)
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 1335 50th Street, various apartments,
Brooklyn, 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, FB220003BO was
issued on October 4, 1991. In that order, the Administrator
affirmed the finding of DL221072BR, issued January 4, 1991, that
the owner be granted eligibility for a 1990/91 Maximum Base Rent
(MBR) increase, albeit at a later effective date, due to the
owner's failure to timely file the Violation Certification (VC)
with the Administrator on a timely basis.
On appeal, the owner states that the Administrator was in
error in thus delaying the effective date of the Order of
Eligibility. The owner contends that it had removed the requisite
number of violations in order to gain eligibility, and that the
"application" was filed on a timely basis.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: FK230029RO
The number of violations removed by the owner is not at issue
here. What is at issue is the timeliness of the owner's filing of
the certification of such removal.
An examination of the record reveals that the owner did not
submit a VC to the Administrator until November 13, 1990, after
nearly one-half of the 1990/91 MBR Cycle had elapsed. Section
2202.3(h) of the New York City Rent and Eviction Regulations
requires that such certification be submitted before the effective
date of the Order of Eligibility (usually the same date as the
commencement of the MBR Cycle). If, as in the instant case the
owner submits the VC after the effective date the Administrator may
postpone the effective date, as in the instant proceeding (from
January 1, 1990 to June 1, 1991).
Besides its statement on appeal, the owner has submitted no
evidence indicating that the VC was filed in a timely manner.
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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