ADM. REVIEW DOCKET NOS.: BK430262RO & BK430375RO
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 NOS.: BK430262RO,
ROSE ASSOCIATES C/O BK430375RO
KUCKER, KRAUS & BRUH DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: 7MBC00294M(7M04111M)
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND TERMINATING PROCEEDING
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 206 East 90th Street, Various apartments,
New York, N.Y.
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 on appeal is whether the Administrator's order is
correct.
The Administrator's order being appealed, 7MBC000294M was
issued on October 16, 1987. In that order, the Administrator
affirmed the finding of 7M04111M issued March 25, 1987, that the
owner be denied eligibility for a 1986/87 Maximum Base Rent (MBR)
increase, due to the owner's failure to meet the violation
certification requirements necessary to the owner's being granted
an MBR increase.
On appeal, the owner contends that the Administrator was in
error, specifically in its finding that the owner had not made
sufficient repairs to violations of record as of one year before
the effective date of the Administrator's order (in the instant
proceeding, the owner had to prove repair of violations on record
as of January 1, 1985).
The Commissioner is of the opinion that this appeal should be
granted.
ADM. REVIEW DOCKET NOS.: BK430262RO, BK430375RO
Pursuant to Section 2202.3(h) of the New York City Rent and
Eviction Regulations an owner, in order to gain eligibility for an
MBR increase at the subject premises must certify to the
Administrator that, as of six months prior to the effective date of
the order of eligibility 100% of the rent impairing and 80% of the
non rent impairing violations of record at the subject premises as
of one year before the effective date of the order must have been
repaired.
An examination of the record below reveals that an inspection
by the New York City Department of Housing Preservation and
Development of the subject premises disclosed that the owner had
made such timely repairs in order to make it eligible for an MBR
increase at the subject premises.
The Commissioner notes that the two petitions under
consideration are identical. The Commissioner therefore orders
that Petition for Administrative Review #BK430262RO be terminated
as duplicative of BK430375RO.
This order is issued without prejudice to the tenant's right
to file a Complaint of a Reduction in Services, if the facts so
warrant.
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 granted, and that the order of the Rent
Administrator be and the same hereby is, revoked.
The owner in the instant proceeding is granted eligibility to
raise MBR rents at the subject premises subject to the Terms and
Conditions on the attached sheet.
The owner is directed to collect retroactive rent increases
from the subject tenants on a monthly installment basis, over a
period not to exceed sixty (60) months.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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