ADM. REVIEW DOCKET NO.: HB420036RO
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.: HB420036RO
DISTRICT RENT
KENNETH MOSLIN ADMINISTRATOR'S DOCKET
SEYMOUR MOSLIN ASSOC., INC. NOS.: FE420441BR
GG520133BO
PETITIONER
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ORDER AND OPINION GRANTING 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 645 W. 160th Street, New York City 10033.
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, GG520133BO was
issued on January 15, 1993. In that order, the Administrator
affirmed the finding of FE420441BR issued July 8, 1992, that the
owner be denied eligibility for a 1992/93 Maximum Base Rent (MBR)
increase, due to the owner's failure to timely file with the
Administrator a Copy of the operation and maintenance and Essential
Services (O & m) Certification.
On appeal, the owner contends that he has filed all MBR
documents timely including Violation Certification, Operation &
Maintenance Certification, also included were copies of transmittal
letters to D.H.C.R. with Copies of signed Certified "Receipt Return
Requested" Cards indicating date received by D.H.C.R.
The tenant in Apartment 2-H responded by indicating that the
rent schedule submitted by the owner stated her rent was
incorrectly stated at $371.52. The tenant also contends that the
rent is $406.44 plus fuel charge of$7.20,which equals to $413.64.
ADM. REVIEW DOCKET NO.: HB420036RO
The Commissioner is of the opinion that this proceeding should
be granted.
In granting an owner eligibility to raise MBRs at a given
premises the Administrator makes various findings. Among these
findings are, that the owner has certified to the repair of a
maximum number of violations, that the Operations and Maintenance
expenses claimed by the owner are not excessive, and that the owner
is maintaining essential services at the subject premises.
An examination of the record reveals that the owner submitted
the Violation Certification and the Operation and Maintenance
Certification on a timely basis. The Operations and Maintenance
Certification forms were placed in the file and were logged in by
a D.H.C.R. employee.
The Commissioner is thus of the opinion that, as these were
evidence that the O & M Certification and Rent Schedule 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.
The tenant is advised to file a request for a rent
Registration update, in order to determine the amount of the
monthly rent for the subject apartment.
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 hereby is modified, to the extent that the effective
date of the Administrator's order GG520133BO is January 1, 1992.
The affected tenants are directed to refund to the owner all rent
arrears withheld by tenants.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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