Docket No. GA130138RO
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.: GA130138RO
Frank J. Pizza ADMINISTRATOR'S DOCKET
Agent for Kreisel Co., Inc. NO.: FI120009BO(DL122148BR)
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 48-25 43rd Street, Various Apartments,
Queens, 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.
The issue before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, FI120009BO was issued
on December 20, 1991. In that order, the Administrator affirmed
the finding of DL122148BR 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)
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
Docket No. GA130138RO
Administrator's order should be modified in part.
An examination of the record reveals that the owner submitted
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 #FI120009BO is January 1, 1990. This order
is issued subject to the same terms and conditions as FI120009BO,
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 four payments accompanying
the next four monthly rental payments.
Joseph A. D'Agosta