STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:GE 210028-RO
ADAR MANAGEMENT, DOCKET NO.:ED 210183-OM
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REMANDING TO THE RENT ADMINISTRATOR FOR FURTHER CONSIDERATION
The above-named owner filed a petition for Administrative Review of an
order issued March 26, 1992 by a Rent Administrator concerning the housing
accommodations known as 110 Caton Avenue, Brooklyn, New York.
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 for review.
The owner commenced this proceeding by the April 9, 1990 filing of a major
capital improvement (MCI) rent increase application with the agency based
on the installation of a new roof, completed April 3, 1988, building-wide.
On March 26, 1992 the Rent Administrator issued the order here under review
finding that the owner had failed to file the application within two years
from the completion date of the installation and thereby denied the
In his petition the owner asserts "the application was filed just 6 days
after the 2 year completion date deadline. A review of the files indicates
that completion was actually April 13, 1988 but that the date was
mistaken(ly) given as April 3, 1988. Family matters made earlier filing
impossible." The owner thereby requests a reversal of the Administrator's
After careful consideration of the entire record, the Commissioner is of
the opinion that this petition should be granted and the proceeding
remanded to the Rent Administrator for further consideration.
Section 2522.4 (8) of the Rent Stabilization Code specifically provides, in
pertinent part, that no rent increase (for MCI installations) "shall be
granted by the DHCR, unless an application is filed no later than 2 years
after the completion of the installation of improvement."
DOCKET NUMBER: GE 210028-RO
In the instant case, the record indicates that the roof installation was
completed on April 3, 1988 and the owner's application was filed with the
agency more than two years later, on April 9, 1990; however the owner filed
pursuant to an agency notice dated March 29, 1990 in which the owner was
given twenty days to refile it's application without prejudice to any
filing deadline. Accordingly, the Commissioner is of the opinion that the
owner's application was timely filed and remands this proceeding to the
Rent Administrator for further processing.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and that
the Rent Administrator's order be, and the same hereby is, revoked, and
this proceeding remanded for further processing in accordance with this
order and opinion.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner