Docket No. BI430315RT
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.: BI430315RT,
Various Tenants ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING AND MERGING PETITIONS FOR
The above-named tenants filed timely petitions for
administrative review of an order issued concerning the housing
accommodations known as 69 Tiemann Place, Various Apartments, New
York, New York.
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, 7MBC00152M was issued
on July 30, 1987. In that order, the Administrator modified the
finding of 7M06393M issued October 17, 1986, that the owner be
granted eligibility for a 1986/87 Maximum Base Rent (MBR) increase.
On appeal, the tenants argue that the owner has not corrected
the requisite number of violations so as to become eligible for an
MBR increase. The tenants submit as proof of their allegations a
computer printout of a New York City Department of Housing
Preservation and Development (HPD) report of an inspection of the
The Commissioner is of the opinion that these petitions should
Docket No. BI430315RT
be denied and merged.
An HPD inspection of the subject premises disclosed that, in
accordance with section 2202.3(h) of the New York city Rent and
Eviction Regulations the owner had cleaned 80% of the non rent
impairing violations from the subject premises.
The Commissioner notes that, in addition to all residing at 69
Tiemann Place the four petitioning tenants all appealed the same
Administrator's order, and all made similar arguments in their
appeals. The Commissioner is therefore of the opinion that these
petitions be merged.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that these petition for administrative review be, and
the same hereby are, denied, and that the order of the Rent
Administrator be, and the same hereby is, affirmed. It is further
ordered that these petitions for administrative review be, and the
same hereby are, merged.
Joseph A. D'Agosta