Docket No. BE 610086-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.: BE 610086-RT
DRO DOCKET NO.:
7M 04300/7MI 04300
Premises: 2137 Wallace
Ave., Bronx, NY
Daniel J. Abrams PETITIONER
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
Daniel J. Abrams, a Rent Control Tenant in Apt. #621 of the
subject building filed a timely petition for administrative
review of an order issued concerning the building relating to
the above described docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion relevant to the issues
raised by the petition.
The owner commenced this proceeding by filing an application for
an MBR order for 86-87 certifying that he had removed 100% of his
rent impairing and 80% of his not rent impairing violations.
In his answer, the tenant denied the allegations set forth in the
owner's application or otherwise asserted that all required
repairs have not be effectuated.
The MBR order was granted based on a thorough HPD inspection.
The Rent Administrator granted the subject MBR based on proper
reliance with HPD inspection records.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The tenants' petition does not make clear whether it is his
contention that service deficiencies existed before the building
was inspected or the order was issued or whether the contention
is that service deficiencies occurred following the issuance of
the Rent Administrator's order. If it is the former, then the
allegation is belied by the report of the MBR inspector. If it
is the latter, than the Rent Administrator's order grantingMBR
order was nevertheless correct when issued, and this order is
issued without prejudice to the tenants rights to file a new
application for rent reductions if the facts so warrant or
challenging subsequent MBR orders.
Docket No. BE 610086-RT
THEREFORE, in accordance with the provisions of the Rent Control
Law and Registations and the Emergency Tenant Protection Act of
2974, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
Joseph A. D'Agosta
Acting Deputy Commissioner