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 S.J.R. NO. 6897
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FL430302RO
:
417 EAST 89TH STREET ASSOCIATES RENT ADMINISTRATOR'S
c/o ARO MANAGEMENT INC. DOCKET NO.: CE430269OM
PETITIONER :
------------------------------------X
ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE REVIEW
On November 29, 1991, the above-named petitioner-owner timely filed an
administrative appeal against an order issued on October 25, 1991 by the
Rent Administrator concerning the housing accommodations known as 417 and
427 East 89th Street, New York, New York, various apartments, wherein the
Administrator denied a major capital improvement (MCI) rent increase for
the controlled and stabilized apartments in the subject premises for the
installation of a new boiler/burner at the premises based on the owner's
failure to respond to a final notice and submit information /evidence
required for the processing of the MCI application.
Subsequent thereto, the petitioner-owner filed a petition in the Supreme
Court pursuant to Article 78 of the Civil Practice Law and Rules requesting
that the "deemed denial" of the petitioner's administrative appeal be
annulled. The proceeding was then remitted, by stipulation, to the
Division for consideration of the petitioner's administrative appeal.
In this petition the owner contends that all information requested was
submitted during the proceeding below. In support thereof, the owner
submits a copy of its reply to said notice and a copy of a U.S. Postal
Service receipt as proof of mailing of same.
Based thereon, the Commissioner finds that this proceeding should be
remanded to the Administrator for consideration of the owner's MCI
application.
THEREFORE, in accordance with the Rent and Eviction Regulations and the
Rent Stabilization Law and Code, it is
ORDERED, that this proceeding be, and the same hereby is, remanded to the
Rent Administrator for further consideration in accordance with this order
and opinion. The Administrator's order is hereby revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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