B! 410205 RT, BI 410301 RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BI 410205 RT,
: BI 410301 RT
DRO DOCKET NO. 7MBC0166-M
CARMEN OCHOTORENA 7M 08766-M
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 8, 1987, the above-named petitioner-tenant filed
duplicate Petitions for Administrative Review against an order
issued on August 14, 1987, by the Director, MBR Unit, 92-31 Union
Hall Street, Jamaica, New York, concerning the housing
accommodations known as 2 West 111th Street, Brooklyn, New York,
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 the tenant's
challenge to a MBR order finding the landlord was eligible for
1986-87 MBR increases effective January 1, 1986.
This order was based upon a finding that the landlord met all
requirements in order to qualify for 1986-87 MBR increases.
In this petition, the tenant alleges, in substance, that the
landlord has not met the requirements stated in the order.
The Commissioner is of the opinion that this petition should
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 all 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 1 " rent impairing" violation and no "non rent
impairing" violations against the subject premises and therefore
the landlord was required to remove the 1 "rent impairing"
violation in order to obtain 1986-87 MBR increases. The records
further indicate that the landlord removed the 1 "rent impairing"
violation. Accordingly the Director's order denying the tenant's
challenge to 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.
ADMINISTRATIVE REVIEW BUREAU
ARB Docket No.: BI 410205 RT, BI 410301 RT
DRO Docket No/Order No.: 7MBC 0166-M, 7M 08766-M
Tenant(s): Carmen Ochotorena
Owner: Irving Dick
Code Section: 2201.4 of Rent and Eviction Regulations
Premises: 2 West 111 Street, New York, New York, Apt. 2E
Order and Opinion Denying Petition
Petition denied on basis landlord did remove required number
of violations so grant of 1986-87 MBR increases was warranted.
Mailed copies of Order and Determination to:
Date: : by