ADM. REVIEW DOCKET NO.: GB130264RO
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.: GB130264RO
DISTRICT RENT
JOSEPH KAZARNOFSKY ADMINISTRATOR'S DOCKET
C/O ROSENBERG & ESTIS, P.C. NO.: FA120136BO(DL122966BR)
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
ON RE-OPENING
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 138-24 77th Avenue, apartments 63B & 63F,
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, FA120136BO was
issued on January 24, 1992. In that order, the Administrator
affirmed the finding of DL122966BR, issued December 14, 1990, that
the owner be denied eligibility for a 1990/91 Maximum Base Rent
(MBR) increase, due to the owner's failure to file an Operation &
Maintenance and Essential Services (O & M) Certification for the
subject premises with the Administrator.
On appeal, the owner contends that he did file the O & M
Certification with the Administrator. As alleged proof of his
contention he submits on appeal a copy of the O & M Certification,
said copy bearing DHCR date stamps which are variously dated
"October 2, 1989," "April 10, 1990," and "February 27, 1992" (the
date of the filing of the appeal under review herein).
ADM. REVIEW DOCKET NO.: GB130264RO
In order issued on September 29, 1993 under the docket #
GB130264RO the owner's appeal was denied, due to the owner's
failure to submit proof of timely filing of the O & M
Certification.
On October 29, 1993 the owner requested re-opening of the
instant proceeding.
On November 3, 1993 the Commissioner granted the owner's
request for re-opening.
Upon re-opening the Commissioner is of the opinion that this
petition should be granted.
As stated above the owner submitted on appeal evidence that
the O & M Certification had been submitted to the Administrator,
albeit at a late date.
The Commissioner is therefore of the opinion that the
Administrator was incorrect in finding that the owner had failed to
submit the O & M Certification.
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, and that the order of the Rent
Administrator be, and the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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