Docket No. BK430147RT
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.: BK430147RT
Jayne L. Turner NO.: 7MBC00125M(7M07459M)
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 145 West 55th Street, Apartments 12B, 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 in this proceeding is whether the Administrator's
order was correct.
The order being appealed in the proceeding herein found that
the owner was eligible for the 1986/87 Maximum Base Rent (MBR)
The tenant initiated the instant proceeding by filing a
challenge against the previous Administrator's order finding that
the owner was conditionally eligible for a MBR increase. In the
order under review herein, the Administrator rejected the tenant's
challenge and affirmed that much of the conditional order that
found that the owner was eligible for the 1986/87 MBR increase at
the subject premises. In the order under review herein, the
Administrator additionally found that the owner had met the
Violation Certification requirements; that is, that the owner
certified that 80% of the Non Rent Impairing Violations and 100% of
the Rent Impairing Violations on record as of January 1, 1985 (one
year before the effective date of the Administrator's order) had
been repaired by July 1, 1985, 6 months before the aforementioned
Docket No. BK430147RT
On appeal the tenant cites various violations that she claims
have not been corrected. The tenant also produces a copy of an
Administrator's order issued January 13, 1986 (nearly 2 years
before the order under appeal herein was issued) under the Docket
Number 82455B, in which the Administrator found serval violations
at the subject premises and thus ordered a rent reduction and
restoration of services. The tenant contends that this rent
reducing order was still in effect as of the effective date of the
order of eligibility being appealed herein and thus bars the owner
from raising rents.
The Commissioner is of the opinion that this petition should be
An examination of the record reveals that the New York City
Department of Housing Preservation and Development (HPD) conducted
an inspection of the subject premises. In the inspection report,
the inspector noted that for various long-standing violations
referred to by the tenant on appeal the inspector was denied access
to the apartments in which those violations were allegedly located.
The HPD inspector therefore could not verify whether these
violations had been corrected on not. The Administrator was thus
correct in not considering those violations to be outstanding.
Moreover, in considering the owner's application for eligibility
the Administrator is only concerned with violations that were
outstanding at least one year before the effective date of the
order of eligibility (in the instant proceeding, violations that
were outstanding on or before January 1, 1985).
As for the tenant's allegations on appeal concerning
Administrator's order 82455 B: An examination of the record
discloses that in that order the Administrator made findings
concerning: inadequate hot water, lack of receptacles for garbage
collection and defective door bell system. The HPD report
previously referred to discloses that the complaint of a defective
doorbell was first made to the HPD on May 19, 1986, and for the
reasons stated above this complaint cannot be considered by the
Administrator in the instant action. The other two violations
found by the Administrator were not noted in the HPD report. The
Commissioner addtionally notes that these violations were
corrected, according to an Administrator's order restoring rent,
which was issued under the docket # DE410130OR on November 2, 1989.
The Commissioner is thus of the opinion that the rent reducing
order issued under Docket # 82455B does not bar the owner from
colecting additional rents.
The Commissioner notes that the Administrator in the order
being appealed herein explicitly advised the tenant to file a
complaint of service reductions.
Docket No. BK430147RT
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.
Joseph A. D'Agosta