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 410494 RO
: DRO DOCKET NO. 7M 03396
ALEXANDER HARTMAN
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 23, 1987, the above-named petitioner-landlord filed
a Petition for Administrative Review against an order issued on
February 18, 1987, by the Director, MBR Unit, 91 Lawrence Street,
Brooklyn, New York, concerning the housing accommodations known as
251 East 77th Street, New York, New York, Various 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, denied 1986-87 MBR
increases for the subject premises.
This order was based upon a finding that the landlord failed
to file a Violation Certification Affidavit to show that he had
cleared the requisite number of violations pursuant to a final
notice dated November 21, 1986 to submit such affidavit within 30
days.
In this petition, the landlord alleges in substance that the
November 21, 1986 Notice was sent to Marty Russo, formerly an
employee of the landlord, but that since Mr. Russo is no longer an
employee, the notice was apparently misplaced or lost and that the
landlord will now sign the affidavit if sent to him by the DHCR.
The Commissioner is of the opinion that this petition should
be denied.
The November 21, 1986 Notice was sent to the agent, Marty
Russo, designated by the landlord in the 1986-87 MBR forms sent by
the landlord to the DHCR. Moreover, the November 21, 1986 Notice
was a final notice giving the landlord a last chance to file the
BC 410494 RO
required violation certification affidavit. It is noted that on
July 29, 1985, the landlord, rather than filing a violation
certification affidavit, instead filed a violation removal
agreement stating it would remove the required number of
violations in thirty days. The landlord never followed up on this
agreement by filing a violation certification affidavit after the
thirty day period showing it had in fact complied with the
agreement. Accordingly, the Rent Administrator's order 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 410494 RO
DRO Docket No/Order No.: 7M 03396
Tenant(s): Various
Owner: Alexander Hartman
Code Section: 2201.4 of Rent and Eviction Regulations
Premises: 251 East 77th Street, New York, New York, various apts.
Order and Opinion Denying Petition
Petition denied on basis landlord did not file required
violation certification affidavit so that 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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