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.:
HL630001RT
NEREIDA VEGA/ GEORGE NEGRON REP. RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER, CE630129OM
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner timely re-filed a petition for
adminstrative review of an order issued on September 17, 1993, by
the Rent Administrator, Gertz Plaza, Jamaica, New York, concerning
the housing accommodations known as various apartments, 2700 Marion
Avenue, Bronx, New York, wherein the owner's major capital
improvement (MCI) rent increase application was granted in part.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered taht portion of the record relevant to the
ssues raised by this petiiton.
In her petition the tenant contends, in substance, that the
installatons were isntalled over five years ago, thus "the statute
of limitaitons has been exceeded"; and that her renewal lease did
not apprise her of the owner's pending MCI rent increase
application.
In response to the tenant's petition, the owner asserts taht the
petiitoner was properly notified of the proposed MCI rent icnrease
at the same time as all the other tenants of the building.
After careful consideration of the entire record, the Commissioner
is of the opinion that this petition should be denied.
At the outset the Commissioenr notes that agency records reveal
that at the time the instant application was filed, the petitioner
herein was in occupancy at the subject premises and was properly
notified twice of the owner's pending MCI rent increase application
by agency notices dated December 1, 1988 and January 13, 1993 which
were properly mailed to all of the tenants then in occupancy. THe
petitioner was thus afforded an ample opportunity to respond to the
owner's pending MCI rent icnrease application prior to the issuance
of the order appealed from, but did not.
(1)
ADM. REVIEW DOCKET NO.: HL630001RT
Furthermore, the record confirms that the MCI application was
initially received by the Division on May 19, 1988, as evidenced by
the agency date stamp on the filed application; and that the
installation completion date, as indicated on the contractor;'s
certifications, is March 30, 1988. Accordingly, the Commissioner
finds that the owner did file its MCI application within two years
after the completion of the installations as required by Section
2522.4(a)(8) of the Rent Staiblization Code.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed. If the tenant owes the temporary retroactive portion of
the rent increase which was stayed by the filing of the Petition
for Administrative Review she may pay such portion of the
retroactive increase as may now be due and owing in a manner
consistent with the Administrator's order or in six (6) equal
monthly installments, which ever would result in the earlier
payment of such arrears as are now due and owing. Any portion of
the temporary retroactive increase which is not yet due and owing
as of the issuance date hereof remains subject to the 6% limitation
on collectibility.
ISSUED:
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LULA M. ANDERSON
Deputy Commissioner
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