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. BC 410066 RO
: DRO DOCKET NO. 7M11106M
PRIME APPLE ASSOCIATES 7MI 11106M
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 6, 1987, the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on
February 25, 1987, by the Director, MBR Unit, 91 Lawrence Street,
Brooklyn, New York, concerning the housing accommodations known as
645 Second Avenue, New York, New York, all rent controlled
apartments.
The Administrative Appeal is being determined pursuant to the
provisions of 9NYCRR 2201.4
The issue herein is whether the landlord is entitled to 1986-
87 Maximum Base Rent (hereafter MBR) increases.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
The Director's order, appealed herein, revoked the Interim
Order of Eligibility for 1986-87 MBR increases.
This order was based upon a finding that the landlord failed
to meet the violation certification requirements in order to
qualify for MBR increases and a finding that the landlord also
failed to register the subject premises with the D.H.C.R.
In this petition, the landlord alleges in substance that it
bought the subject premises without knowing that the prior owner
had not registered; that it has now registered the subject
premises and that it removed the required number of violations as
of January 1, 1987.
In answer to the landlord's petition, several tenants alleged
in substance that the Director's order was warranted.
The Commissioner is of the opinion that this petition should
be denied.
BC 410066 RO
Procedures established under the Rent Law and Regulations
provide, among other things, that no rent increases may be
authorized under the MBR program commencing January 1, 1986,
unless the landlord has removed all of the "rent impairing"
violations (as defined in the multiple dwelling law, Section 302a)
and at least 80% of al other violations on record as of January 1,
1985, or six months prior to the filing of the 1986-87 violation
certification, whichever is later.
In the instant case, the record discloses that as of January
1, 1985, there was one"rent impairing" and 17 "non rent impairing"
violations against the subject premises and therefore the landlord
was required to remove the one "rent impairing" and 14 (80%) of
the "non rent impairing" violations in order to obtain 1986-87 MBR
increases. the record further indicates that on July 6, 1987, and
on July 13, 1987, the subject building was visited by inspectors
of the Office of Code Enforcement who visually inspected the
relevant violations. They reported that the one "rent impairing"
violation and 11 of the "non rent impairing" violations (rather
than the required 14 (80%) had been removed. The fact that the
landlord may now have registered the subject premises does not
relieve the landlord of its obligation to timely remove the
required violations. Accordingly, the Director's order denying
the 1986-87 MBR increases was warranted.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Director
be, and the same hereby is, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BC 410066 RO
DRO Docket No/Order No.: 7M 11106M, 7MI 11106M
Tenant(s): Various
Owner: Prime Apple Associates
Code Section: 2201.4 of the Rent and Eviction Regulations
Premises: 645 Second Avenue, New York, New York, various
apartments
Order and Opinion Denying Petition
Petition denied on basis landlord did not remove required
number of violations so denial of 1986-87 MBR increases was
warranted.
APPROVED:
Processing Attorney:
Supervising Attorney:
Director:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
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