ADM. REVIEW DOCKET NO.: BL430322RO
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.: BL430322RO
DISTRICT RENT
ARNOLD GUMOWITZ C/O ADMINISTRATOR'S DOCKET
ROBERT M. OLSHEVER, P.C. NO.: 7MBC00036M(7M06551M,
7MI10999M)
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 139-41 Washington Place a/k/a 10 Sheridan
Square, 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 before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, 7MBC00036M was
issued on October 23, 1987. In that order, the Administrator
revoked the finding of 7MI10999M issued June 26, 1986, that the
owner be granted 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 submits documentation which ostensibly
proves that the Violation Certification was submitted below.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: BL430322RO
An inspection conducted by the New York City Department of
Housing Preservation and Development disclosed that more than 80%
of the rent impairing violations of record as of one year before
the effective date of the order of eligibility (January 1, 1985)
were still unrepaired as of six months before the effective date
(June 1,1985). The Commissioner is therefore of the opinion that
the adequacy of the owner's submissionsbelow is irrelevant to the
Administrator's findings.
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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