ADM. REVIEW DOCKET NO. HE220069RO
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. HE220069RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO. FG220568BR
STEPHEN LEVY,
PETITIONER
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ORDER AND OPINION REMANDING PROCEEDING TO THE RENT ADMINISTRATOR
The above-named landlord filed a petition for administrative
review, dated May 19, 1993, of an order issued on July 21, 1992 by
a Rent Administrator concerning the various housing accommodations
in the premises known as 1921 Avenue K, Brooklyn, New York.
The Commissioner has reviewed all of the evidence in the
record relevant to the issues raised by the petition for
administrative review.
The Administrator issued an order on July 21, 1992 under
Docket No. FG220568BR which denied the landlord M.B.R. increases
for the 1992-1993 period as the landlord did not clear the
requisite number of violations pending against the subject
building, pursuant to the applicable rent regulations. The above-
mentioned order was mailed to the landlord's address as listed in
the subject building's 1990 registration.
In his petition the landlord asserts, among other things, that
the landlord was not served a copy of the above-mentioned
Administrator's order; that the subject landlord did not have an
opportunity to timely appeal the order denying the landlord M.B.R.
increases for the 1992-1993 period, and that the landlord has met
the conditions to qualify for an M.B.R. increase for the applicable
period.
After careful consideration, the Commissioner finds that this
proceeding should be remanded to the Rent Administrator.
As previously noted, the rent agency mailed the above-
mentioned Administrator's order to the address listed by the
landlord in the subject building's 1990 registration.
ADM. REVIEW DOCKET NO. HE220069RO
The rent agency's records reflect that in the subject
building's 1991 registration a new address was listed for the
subject landlord.
The Commissioner finds that the Administrator mailed the
above-mentioned order to the landlord's prior address, and not to
the landlord's current address.
Based on the above-mentioned, the Commissioner is of the
opinion that the Administrator did not properly serve a copy of the
above-mentioned order, issued under Docket No. FG220568BR, on the
subject landlord.
Accordingly, the Commissioner finds that the subject landlord
was deprived of an opportunity to timely file a challenge of the
above-mentioned order denying the landlord M.B.R. increases for the
1992-1993 period.
Based on the above-mentioned, the Commissioner finds that this
proceeding should be remanded to the Rent Administrator to give the
landlord an opportunity to submit evidence to substantiate his
allegation that he is entitled to an M.B.R. increase for the 1992-
1993 period.
The Commissioner points out that in the landlord's petition,
the landlord did not list the names and addresses of all parties
affected by the appealed order, i.e., the rent controlled tenants.
The Commissioner is of the opinion that the Administrator
should direct the landlord to submit the names and addresses of the
rent controlled tenants, residing in the subject premises, in the
remand proceeding.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and the Rent and Eviction Regulations, it is
ADM. REVIEW DOCKET NO. HE220069RO
ORDERED, that this proceeding be, and the same hereby is,
remanded to the Rent Administrator to give the landlord an
opportunity to submit evidence to substantiate his allegation that
he is entitled to an M.B.R. increase for the 1992-1993 period, and
for the issuance of a new determination pertaining to the above-
mentioned issue. The previously issued order, under Docket No.
FG220568BR, remains in full force and effect until a new order is
issued on remand.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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