DHCR Decisions
Docket No.BD420551RO
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. BD420551RO
DISTRICT RENT
50 EAST 78TH CORPORATION, ADMINISTRATOR'S DOCKET
NO. LC000164AR(LC000002RP)
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART AND REMANDING THE PROCEEDING TO THE RENT ADMINISTRATOR
On April 17, 1987, the above-named landlord filed a petition
for administrative review of an order issued on March 18, 1987 by
a Rent Administrator concerning various housing accommodations in
the premises known as 50 East 78th Street, New York, New York.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition for administrative review.
The Administrator issued an order on January 25, 1982 under
Docket No. 5M4510 which granted the landlord maximum base rent
(M.B.R.) increases for the 1982-1983 period.
Subsequent orders issued by the Administrator revoked the
above-mentioned M.B.R. order of eligibility on the grounds that the
landlord did not serve the subject tenants the applicable forms as
noted in the terms and conditions of the aforementioned 1982-1983
M.B.R. order of eligibility.
The issue in this proceeding is whether the rent agency
properly revoked the 1982-1983 M.B.R. order of eligibility.
In the landlord's petition it alleges, among other things, that
it, did in fact, serve the subject tenants the above-mentioned
applicable forms to qualify for M.B.R. increases for the 1982-1983
period.
To its petition the subject landlord attaches an affidavit
sworn to by the subject building's managing agent which asserts,
among other things, that she "prepared the 1982/83 N-26's for 1982
and 1983 and arranged for personal delivery to each tenant at the
premises, on November 29, 1983, both with a copy of the Order of
Docket No.BD420551RO
Eligibility, as well as the N-26 for said tenant's apartment," and
that she submitted the master building schedules to the rent agency
on December 7, 1983.
In addition, the subject landlord attaches an affidavit sworn
to by the subject building's superintendent which asserts, among
other things, that, in the latter part of November, 1983, I
distributed M.B.R. forms "either directly to the tenants or left
with their mail at each apartment."
On July 17, 1987, various tenants submitted affidavits which
assert that they did not "receive the 1982 and 1983 N-26 forms nor
the Order of Eligibility."
After careful consideration, the Commissioner finds that the
landlord's petition should be granted in part and that this
proceeding should be remanded to the Administrator for the
ministerial act of recalculating the tenants' rents.
The Commissioner finds that the evidence in the record is not
sufficient to sustain the revocation of the M.B.R. order of
eligibility for the 1982-1983 biennial cycle.
The record reflects that the applicable M.B.R. forms were
served on the subject tenants on November 29, 1983.
As the record reflects that the applicable M.B.R. forms were
served on the subject tenants after sixty days from the issuance
date of the 1982-1983 M.B.R. order of eligibility, based upon the
terms and conditions of the above-mentioned order, the Commissioner
finds that the M.B.R. increase for the 1982-1983 period is
effective prospectively from November 29, 1983.
Accordingly, the Commissioner finds that the M.B.R. increase
for the 1982-1983 period is effective on December 1, 1983.
The Commissioner is of the opinion that this proceeding should
be remanded to the Administrator for the ministerial act of
adjusting the subject apartments' maximum base rents and maximum
rents in accordance with this order and opinion, and to update the
subject apartments' maximum base rents and maximum rents in
accordance with any subsequent M.B.R. orders of eligibility issued
by the rent agency.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and the Rent and Eviction Regulations, it is
ORDERED, that the landlord's petition be, and the same hereby
is, granted in part, and that the Administrator's order shall be
modified in accordance with this order and opinion; and it is
FURTHER ORDERED, that the proceeding shall be remanded to the
Docket No.BD420551RO
Administrator for the ministerial act of adjusting the subject
apartments' maximum base rents and maximum rents in accordance with
this order and opinion; and to update the subject apartments'
maximum base rents and maximum rents in accordance with any
subsequent M.B.R. orders of eligibility issued by the rent agency,
and it is
FURTHER ORDERED, that the previously issued Administrator's
order 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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