ADM. REVIEW DOCKET NO.: BH420318RT
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.: BH420318RT
VARIOUS TENANTS
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: 7MBC00035M (7M05938M)
PETITIONER PREMISES: 550 Riverside
Drive, various apartments,
New York, N.Y.
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenants filed a timely petition for
administrative review of an order issued concerning the housing
accommodations described above.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The issue before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, 7MBC00035M was
issued on July 17, 1987. In that order, the Administrator affirmed
the finding of 7M05938M issued February 20, 1987, that the owner be
granted eligibility for a 1986/87 Maximum Base Rent (MBR) increase,
due to the owner's meeting the violation certification requirements
necessary to the owner's being granted an MBR increase.
On appeal, the tenants contend that the Administrator was in
error in finding that the owner had repaired the requisite number
of violations in order to qualify for an MBR. The tenants submit
an alleged proof of their contention, a copy of a N.Y. City
Department of Housing Preservation and Development (HPD) Inspection
Report, said Report reflecting the conclusions of an HPD Inspection
of the subject premises on January 8, 1985.
The Commissioner is of the opinion that this appeal should be
denied.
According to the New York City Administrative Code and the
ADM. REVIEW DOCKET NO.: BH420318RT
Housing Maintenance Code, to be eligible for an MBR the owner must
repair 80% of the Non-Rent Impairing and 100% of the Rent Impairing
violations of record as of one year before the effective ate of the
MBR order, by no later than six months before the effective date of
the MBR order. In the instant case, the effective date of the MBR
order is January 1, 1986. Therefore, in the instant case the
requisite number of violations of record as of January 1, 1985 must
have been repaired by July 1, 1985. The inspection cited by the
tenants on appeal took place on January 8, 1985, too early to
reflect timely repair of the outstanding violations by the owner.
The Commissioner notes that the Administrator relied on a later HPD
inspection, which found that the requisite number of violations had
been repaired. Moreover, the tenants were advised by the
Administrator to file an RA-84 (Report of a Building-wide Decrease
in Services) if they wished to pursue their case.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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