STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X SJR NO. 6184
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FL 430252-RO
PARHAM REALTY CO., DRO DOCKET NO.: BG 530584-OM
ORDER AND OPINION DISMISSING PETITION FOR ADMINISTRATIVE REVIEW
On December 12, 1991 the above-named petitioner-owner filed a Petition for
Administrative Review (PAR) against a letter dated November 7, 1991 from a
Rent Administrator concerning the housing accommodations as 110 Seaman
Avenue, New York, New York. Said letter stated that there was
insufficient basis to reopen a closed proceeding wherein the owner's
application for a rent increase was denied pursuant to an order of the
Administrator issued on May 25, 1990.
Sections 2529.1 of the Rent Stabilization Code and Section 2208.1 of the
Rent and Eviction Regulations for New York City provide that an aggrieved
party may file a petition for administrative review against an order
issued by a Rent Administrator. A letter from a Rent Administrator does
not constitute on appealable order.
The record discloses that the Administrator's order was issued on May 25,
1990. The instant petition, filed on December 12, 1991, was not filed
within 35 days after the issuance date of said order as required by the
applicable Regulations and Operational Bulletin 84-1, and as set forth in
the Notice of Right to Administrative Review attached to said order, which
provides that a Petition for Administrative Review must be filed within 35
days after said order is issued.
There is no provision under the applicable Regulations permitting an
extension of time for the filing of a PAR.
THEREFORE, in accordance with the provisions of the Rent Stabilization
Code, the Rent and Eviction Regulations for the City of New York, Chapter
403, Laws of 1983, as amended by Chapter 102, Laws of 1984, as implemented
by Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, dismissed.
JOSEPH A. D'AGOSTA