OFFICE OF RENT ADMINISTRATION
                                    GERTZ PLAZA
                              92-31 UNION HALL STREET
                              JAMAICA, NEW YORK 11433

     APPEAL OF                              DOCKET NO.:GC 230006-RO
                                            RENT ADMINISTRATOR'S
       MARGARET LENNARD                     DOCKET NO.:DK 210063-OM
                           PETITIONER    : 

                          MODIFYING ADMINISTRATOR'S ORDER

     On February 29, 1992 the above-named petitioner-owner filed 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 557 Pacific Street, Brooklyn, New York, 
     Various Apartments, wherein the Administrator denied the owner's rent 
     increase application.

     The issue in this proceeding is whether the order of the Rent Administrator 
     is correct.

     The Commissioner has reviewed all of the evidence in the record and has 
     carefully considered that portion of the record relevant to the issues 
     raised by the petition for Administrative Review.

     The owner commenced this proceeding by initially filing with the Division on 
     November 9, 1989 a rent increase application based on pointing and 
     waterproofing of the subject premises which contains only rent stabilized 

     On January 31, 1992 the Rent Administrator issued the order here under 
     review denying the application on grounds that the owner had failed to file 
     the application within two years from the completion of the installation, as 
     required by the Rent Stabilization Code.  (Due to a clerical error, Section 
     2202.4 of the Rent and Eviction Regulations is cited as the basis thereof).

     In this petition for Administrative Review the owner contends in substance:

          (1)  that she was unaware of the two year limitation for filing a 
          major capital improvement rent increase application.

          (2)  that her failure to file timely is a mere technicality which 
          should be overlooked and a determination made on its merits;

          (3)  that the tenants were not prejudiced by this failure

          (4)  that if her initial application was defective she should not 
          have been required to furnish additional information concerning 
          various details of the work performed.


          DOCKET NUMBER: GC 230006-RO
     In response to the owner's administrative appeal one tenant filed an answer 
     urging the denial thereof.

     After careful consideration of the entire record, the Commissioner is of the 
     opinion that this petition should be denied.

     Section 2522.4(a)(8) of the Rent Stabilization Code precludes a rent 
     increase for a major capital improvement where the application is filed more 
     than two years after the completion of the installation.

     In the instant application, initially filed on November 9, 1989, the owner 
     specified that the pointing and waterproofing was completed on June 5, 1987.  
     It is clear that the application was filed some five months beyond the 
     permissible period for filing a major capital improvement application 
     affecting rent stabilized apartments.

     The owner of a rent regulated dwelling is charged with knowledge of the laws 
     and regulations governing said property and cannot, in advance of self 
     interest, claim ignorance thereof.

     Although the Administrator failed to initially deny the application based on 
     its untimeliness, the owner did not demonstrate any prejudice by the delayed 

     Accordingly, the Commissioner finds that the Administrator properly denied 
     the application in accordance with the provisions of Section 2522.4(a)(8) of 
     the Rent Stabilization Code.

     THEREFORE, in accordance with the Rent Stabilization Law and Code, it is

     ORDERED, that this petition be and the same hereby is denied; that the Rent 
     Administrator's order be, and the same hereby is modified by deleting 
     reference to Section 2202.4 of the Rent and Eviction Regulations and 
     substituting therefor Section 2522.4 of the Rent Stabilization Code; and 
     that is so modified said order be and the same hereby is affirmed.


                                          JOSEPH A. D'AGOSTA
                                      Acting Deputy Commissioner


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