Docket No. BD410044RT
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.: BD410044RT
DISTRICT RENT
Batya Lewton as Tenants' ADMINISTRATOR'S DOCKET
Representative c/o Karlsson & NO.: 7MBC00037(7M08259)
Ng, P.C.
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenants by their representative filed a timely
petition for administrative review of an order issued concerning
the housing accommodations known as 315 West 86th Street, various
apartments, New York, New York.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevnat to
the issues raised by the petition.
The issue on appeal is whether the Administrator's order
grnating the owner eligibility to increase Maximum Base Rents (MBR)
is correct.
On appeal, the tenants allege that "The (owner) did not
maintain a central services (sic) as evidenced by the fact that 88%
of the rent controlled tenants... in the subject premises were on
a rent strike... through July 29, 1987." The tenants then go on to
maintain that this rent strike was ended when the owner stipulated
at court that services had not been maintained for the length of
the strike. The tenants then go on to give the partial citation of
a court decision they maintain demands that the Administrator's
order be revoked.
The Commissioner is of the opinion that this petition should
be denied.
The fact that there was a rent strike at the subject premises
at the same time the owner of those premises was being granted
eligibility to increase MBRs by the Administrator has no bearing on
the correctness of the Administrator's action. More importantly
Docket No. BD410044RT
the tenants have not submitted any documentation in support of
their allegation that the owner had stipulated in court to the
existence of violations at the subject premises.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative reivew be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be and the same hereby is, affirmed.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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