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.:GC 210326-RO
:
RENT ADMINISTRATOR'S
KENNETH FERGUSON, DOCKET NO.:DJ 220158-OM
PETITIONER :
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ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE REVIEW
On March 4, 1992 the above-named petitioner-owner timely refiled a Petition
for Administrative Review against an order issued on January 31, 1992 by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York concerning
housing accommodations known as 139 23rd Street, Brooklyn, New York,
Apartment 1.
The owner initiated the instant proceeding below on October 27, 1989 by
filing an application for a major capital improvement rent increase based on
the installation of various improvement at a total claimed cost of
$45,770.83.
The order of the Administrator appealed herein denied the application based
solely on the owner's failure to respond to notices requesting additional
information dated November 27, and December 30, 1991.
In its petition the owner herein contends, in substance, that it did in fact
respond to the aformentioned notices and enclosed copies of its responses
stamped and dated as having been received by the Brooklyn Rent Office on
December 18, 1991 and January 9, 1992 respectively, thus challenging the
Administrator's sole reason for denial as inaccurate.
After a careful consideration of the entire record, the Commissioner is of
the opinion that this processing should be remanded to the Rent
Administrator for further processing of the owner's application. The owner
has submitted adequate proof that he did, in fact, timely respond to the
Divisions's notices rendering the Rent Administrator's determination on the
stated procedural grounds to be in error.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations for New York City, it is
DOCKET NUMBER: GC 210326-RO
ORDERED, that this Administrative appeal be, and the same hereby is, granted
to the extent of remanding this proceeding to the Rent Administrator for
further processing of the owner's application. The order and determination
of the Rent Administrator remains in full force and effect until a new order
is issued upon the remand.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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