Docket No. BF420026RO
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. BF420026RO
DISTRICT RENT
MOSES DYCKMAN, ADMINISTRATOR'S DOCKET
NO. AJ420008AD
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 2, 1987, the above-named landlord filed a petition for
administrative review of an order issued on April 28, 1987 by a
Rent Administrator concerning various housing accommodations in the
premises known as 28 West 47th Street, New York, New York.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the administrative appeal.
In a letter submitted to the rent agency, dated February 24,
1986, the subject landlord alleged that in establishing the subject
apartments' initial maximum base rent (M.B.R.) in 1972 the rent
agency improperly listed the subject building's "assessed value."
In a letter dated August 26, 1986, the subject landlord
alleged that he had received a "Landlord's Order of Maximum Base
Rent" issued on June 25, 1986 effective January 1, 1972, and that
the above-mentioned order incorrectly listed the number of rooms
and the number of apartments contained in the subject building.
Pursuant to the above-mentioned letters, the rent agency
initiated an administrative determination, based on Section 2202.22
of the City Rent and Eviction Regulations, to recalculate the
subject apartments' M.B.R. and maximum rent.
In the order under review herein, the Administrator determined
that the M.B.R. orders issued in 1972 "were in error based on an
incorrect building profile," and that the 1972 maximum rents were
incorrect. Furthermore, the Administrator stated that the rent
agency "is hereby issuing a corrected 1972/73 Maximum Base Rent
Docket No. BF420026RO
Order, a copy of which is attached hereto together with rental
updates for apartments 3F, 4F, 5F and 5R."
In addition to issuing the order under review herein, the
Administrator issued a corrected order which recalculated the
subject apartments' 1972-1973 M.B.R. and their maximum rents
effective January 1, 1972; and the Administrator issued a rental
update for each subject apartment which noted their 1986-1987 M.B.R
and their maximum rents effective January 1, 1986 and January 1,
1987.
In his petition the landlord alleges, among other things, that
the rents listed in the rental updates are one year behind the
rents listed in the landlord's "Master Building Rent Schedules,"
and that the rent agency should order a hearing "in order that this
matter be corrected."
To his petition the landlord attaches copies of the "Master
Building Rent Schedule" from 1976 through 1987.
After careful consideration, the Commissioner finds that the
landlord's petition should be denied.
The record reflects that the subject landlord has been
eligible for M.B.R. increases for each biennial cycle from the
inception of the M.B.R. system through the issuance date of the
Administrator's order under review herein, except for the 1974-1975
period. The Commissioner points out that the 1974-1975 M.B.R. for
the subject building was revoked, pursuant to an order issued on
February 11, 1975, under Docket No. M11491-1967, which determined
that the landlord had not properly certified that it removed at
least 80% of the rent impairing violations that were on record as
of January 1, 1973. As the landlord did not appeal the above-
mentioned order, the Commissioner finds that the denial of the
1974-1975 M.B.R. is a final determination of the rent agency, and
as such may not be collaterally attacked in this proceeding.
Based on the rent agency's record, the Commissioner finds that
the Administrator properly noted the subject apartments' maximum
rents in the aforementioned rental updates.
The Commissioner is of the opinion that the discrepancy
between the rents listed in the landlord's "Master Building Rent
Schedules" and the aforementioned rental updates is a result of the
landlord improperly increasing the maximum rents for the 1974-1975
period.
Accordingly, the Commissioner finds that the subject
landlord's petition should be denied.
The Commissioner is of the opinion that the subject landlord
does not raise any factual issues which require the ordering of a
Docket No. BF420026RO
hearing in this proceeding.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
Lula M. Anderson
Deputy Commissioner
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