ADM. REVIEW DOCKET NO.: GA120137RO
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.: GA120137RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
FRANK J. PIZZA NO.: FI120005BO
AGENT FOR KREISEL CO., INC. (DL122149BR)
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER IN PART
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 48-19 43rd Street, Apts. 2A, 5A, 5D, 6D,
Queens, N.Y.
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, FI120005BO was
issued on December 20, 1991. In that order, the Administrator
affirmed the finding of DL122149BR issued August 28, 1991, that the
owner be granted eligibility to raise MBRs at the subject premises
for 1990/91, albeit at a later effective date (April 1, 1990), due
to the owner's failure to timely file with the Administrator a copy
of the Operations and Maintenance and Essential Services (O & M)
Certification.
On appeal, the owner contends that he did file the O & M
Certification. The owner made this same contention before the
Administrator at Challenge.
The Commissioner is of the opinion that this petition for
Administrative review should be granted, and that the
Administrator's order should be modified in part.
ADM. REVIEW DOCKET NO.: GA120137RO
An examination of the record reveals that the owner submitted
the O & M Certification on a timely basis. The O & M Certification
was placed in the file and was logged in by a DHCR employee.
The Commissioner is thus of the opinion that, as there was
evidence that the O & M Certification was filed by the owner on a
timely basis and inasmuch as this evidence was available to the
Administrator, the Administrator was therefore in error in finding
that the owner had failed to file the O & M Certification on a
timely basis and thus postponing the owner's eligibility.
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, granted in part, and that the order of the Rent
Administrator be, and the same hereby is, affirmed in part and
modified in part, to the extent that the effective date of the
Administrator's order # FI120005BO is January 1, 1990. This order
is issued subject to the same terms and conditions as FI120005BO,
which order is affirmed and modified herein. The affected tenants
are directed to refund to the owner all rent arrears withheld by
the tenants, either in a lump sum or in two payments accompanying
the next two monthly rental payments.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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