ADM. REVIEW DOCKET NO.: FC220029RO
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
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FC220029RO
350 LEFFERTS REALTY DISTRICT RENT
C/O DOV SANDBERG ADMINISTRATOR'S DOCKET
NOS.: DG220010BT
BL222907BR
PETITIONER
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 350 Lefferts Ave., Brooklyn, NY 11225.
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.
The issue before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, DG220010BT was
issued on February 1, 1991. In that order, the Administrator
revoked the finding of BI222907BR issued June 17, 1988, that the
owner be granted eligibility for a 1988/89 Maximum Base Rent (MBR)
increase, due to the owner's failure to meet the violation
certification requirements necessary to the owner's being granted
an MBR increase.
DG220010BT was an order issued upon the filing of a challenge
to the grant of eligibility, by one of the affected tenants at the
subject premises.
On appeal, the owner alleges that the Administrator erred by
not serving it with a copy of the tenant's challenge. The owner
further contends that properly executed work had been done in order
to remove violations and all requirements can be substantiated.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: FC220029RO
An inspection of the subject premises conducted by the New
York City Department of Housing Preservation and Development (HPD)
on November 20, 1989 disclosed that, even as of that late date the
owner had still failed to clear the requisite number of violations
from the subject premises.
The Administrator does not have a duty to serve the owner with
a copy of the tenant's challenge to an order granting the owner
eligibility to raise MBRs at a given premises for a given cycle.
Such service is not included in standard DHCR procedure, nor is it
prescribed by statute. Moreover, the Commissioner is of the
opinion that, inasmuch as the owner has the right to appeal before
the Commissioner any order issued by the Administrator upon the
tenant's filing of a challenge, such lack of service in no way
prejudices the owner's due process rights.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
