Docket No. CB110159RO
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.: CB110159RO
DISTRICT RENT
Philip Chin ADMINISTRATOR'S DOCKET
NO.: 7MBC00178Q(7M02645Q)
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 know as 39-29 64th Street, Apartment 1F, Woodside,
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, 7MBC00178Q was issued
on December 31, 1987. In that order, the Administrator affirmed
the finding of 7M02645Q issued July 24, 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
Docket No. CB110159RO
increase. The Administrator's order specifically cited three (3)
violations that were still outstanding against the subject
premises.
On appeal, the owner contends that these 3 violations have all
been cleared. The owner presents as proof of this contention a New
York City Department of Housing Preservation and Development (HPD)
report of an HPD inspection made of the subject premises on
November 30, 1987. In that report, the violations are noted as
having been corrected. In addition the owner submits proof that
the three violations were not inspected on February 1, 1987. The
owner also argues on appeal that although he took possession of the
premises in December 1986 and notified the D.H.C.R. of the change
in ownership shortly afterward, the D.H.C.R. continued to
correspond with the former owner in the proceeding under review
herein. The owner avers that he was thus ignorant of those
proceedings, and only learned of then when he contacted the
D.H.C.R. concerning another matter. The owner concludes that it is
therefore unfair of the D.H.C.R. to require him to repair
violations he was unaware of until recently.
The Commissioner is of the opinion that this petition should be
denied.
Pursuant to section 2202.3(h) of the Rent and Eviction
Regulations, to be eligible for an MBR increase an owner must have
repaired the requisite number of violations to the subject premises
by six months prior to the effective date (emphasis added). An
examination of the aforementioned November 30, 1987 HPD inspection
report submitted by the owner on appeal to prove his contention
violations had been repaired reveals that all 3 outstanding
violations reported repaired by the owner had been previously
reported on December 19, 1986. The effective date of the
Administrator's order being appealed herein is January 1st 1986.
Thus, violations must have been repaired by July 1, 1985.
Therefore, the owner's proof that the violations were removed by
November, 1987 is irrelevant as is the owner's assertion that the
three cited violations were not inspected on February 1, 1987. The
Commissioner is thus of the opinion that the three violations were
not corrected in a timely manner and that the Administrator was
therefore correct in finding that the owner should not be eligible
for a 1986/87 MBR rent increase.
The Commissioner is of the opinion that the owner's allegation
of "unfairness" to him by the D.H.C.R. due to the change in
ownership cannot be sustained. While it is true that the
Administrator failed to serve the July 24, 1987 order on the new
owner, the new owner was not prejudiced by that error since his
November 12, 1987 challenge of that order was deemed timely. Thus
the current owner-petitioner was afforded the opportunity to
present evidence to contradict the Administrator's order. For the
reasons stated above the Administrator correctly affirmed the July
Docket No. CB110159RO
24, 1987 order.
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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